Cheaper than an apartment. A real estate expert explained what apartments are and whether they are worth buying

Legal status of “apartments” and “residential premises” - differences

It may seem that the status of residential premises and apartments is no different from each other, but from the point of view of legal status this is not the case. Each of these objects has a clear legal status established by law. Thus, Article 16 of the Housing Code of the Russian Federation, which describes the types of residential premises, regulates the concept of an apartment. It is understood as a properly structurally separate room located in an apartment building, in which there is direct access to common areas. It may consist of one or more rooms, as well as other premises for auxiliary use, which are intended for the residents of the apartment to satisfy their daily household needs associated with living in such a structurally separate room.

Step-by-step instructions for transferring a residential apartment to non-residential premises 2020

1. Floor plan of the building and its explication . To obtain it, you must contact the Department to obtain a power of attorney to order documentation from the BTI. The Bureau will need to submit an application in the prescribed form and attach the applicant’s identity card, as well as title papers for the premises. This could be an agreement on the transfer of rights, an inheritance certificate, an extract from the Unified State Register and more. The preparation of documents may take up to 30 days.
2. Registration certificate and apartment layout . They can be taken from the BTI.
3. Conclusion of Rospozhnadzor on the compliance of the premises with established standards. You can obtain it from the State Fire Department of the Ministry of Emergency Situations by submitting an application of a certain sample. After examining the object, the service employee makes a conclusion that it meets the current requirements.
4. Conclusion of Sanitary and Epidemiological Supervision . It is compiled by the SES after an employee of the organization has examined the premises planned for transfer.
5. DEZ certificate containing information about the purpose of other real estate located on the same floor as the object. The certificate is issued by the organization that maintains the house, upon application by the interested citizen. It is accompanied by a Russian passport and a power of attorney from the representative, as well as a title document for the apartment.
6. A report on the technical condition of the entire building, issued by housing departments, homeowners' associations and other management organizations.
7. An extract from the house register issued at the passport office. It contains information about all people registered in the living space. This document is valid for no more than 14 days.
8. Redevelopment project . It is prepared in a design company that has the appropriate license.

• access to the housing being transferred is only possible using the common entrance to the apartments or it is not possible to technically equip such access;
• the property planned for transfer is used as permanent housing for the owner or other persons;
• home ownership is burdened with claims from other entities;
• the object is located in a rented building for social use;
• the purpose of the transfer is to carry out religious activities;
• there is no possibility of providing living space to current requirements.

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How to understand housing statuses and what they are

In fact, the differences are only in the execution of documents: 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 - apartment building.” If the buyer is offered to purchase residential premises, then the Certificate of Land Title will indicate “Land of settlements - for individual housing construction or for gardening.” Both the premises and the apartment have the same purpose: residential and one can seize this property.

How to convert an apartment to the status of a residential building

After a year has passed from the date of registration of an ownerless immovable property, the body authorized to manage municipal property may apply to the court with a request to recognize the right of municipal ownership of this thing.

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Ownerless real estate is accepted for registration by the body that carries out state registration of rights to real estate, upon application from the local government body in whose territory they are located.

Expert opinion

Marianna Shmigirilova : The criteria for issuing loans to objects have become stricter for all market objects in principle. Since multi-apartment residential buildings have a project and a building permit, of course, it is easier for them to cooperate with banks. Residential premises are smaller objects, these are low-rise buildings, it is more difficult for them to compete in the market with apartment buildings. We can say that the requirements for everyone have increased, but it has become more difficult for residential premises to compete in relation to apartments.

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How to legally transfer residential premises to non-residential premises in an apartment building

• Technical passport for the territory and technical plan . We contact BTI for them. The papers are attached in the same way as above. The registration certificate is valid for no more than 3 years from the date of issue;
• Certificate from the fire inspectorate . To receive it, we draw up an application according to the issued sample and submit it to the UPN. After this, a fire inspector will arrive to inspect the apartment. His task is to determine whether the premises meet the established requirements. If everything is normal, he will tell you how and when you can come for a conclusion;
• Certificate from sanitary and epidemiological supervision. To obtain a document, you must submit an application to the Sanitary and Epidemiological Service. The application is written according to the sample. After this, an inspector comes to the site to determine whether the apartment complies with epidemiological standards;
  application filled out as in the sample;
• basis agreement;
• photocopy of passport;
• a document confirming that the area has a legal owner;
• power of attorney with a notary’s mark if the papers are not submitted by the owner.
• Consent of residents from neighboring apartments . Required if the transfer is made in a building with many apartments. Residents should be invited for approval and their opinion should be asked.

The difference between the status of an apartment and a residential premises: what is the difference

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.”

How to convert an apartment into part of a residential building

"Good afternoon! My grandmother has a non-privatized apartment (in fact, part of a residential building). In February 2013, we submitted documents for the privatization of this apartment (for one grandmother), later experts explained to us that if the apartment is privatized as an apartment, we will not be able to register ownership of the land plot. We are afraid to make a transfer from an apartment to a part of a residential building through the administration, because... This procedure entails the removal of the apartment from the balance sheet of the administration, and it is unknown whether we will register part of the residential building. If we privatize an apartment now, will it be possible to “redo” the documents for part of the residential building later?”

The question of how to convert an apartment in a one-story building located on a plot of land into part of a residential building worries many. And not only this. How to then register changes in Rosreestr and obtain the necessary documents. Our readers' questions resulted in two articles. One of them is partially published. The full text of the article can be found on our website.

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Sochi: The difference between the status of an apartment and a residential premises

Article 16 of the Housing Code of the Russian Federation “Types of residential premises” states that these include residential buildings and their parts, apartments (as well as parts of apartments) and rooms. Article 15 explains the status of “residential premises” in detail: an isolated property suitable for permanent residence. This premises must comply with SNiP and legal requirements. Under certain conditions, a residential premises may be declared unfit for habitation. In fact, residential premises are a broad concept, the structure of which includes the concept of “apartment”, and in addition to it - “residential building”, “room”, “part of the room”, “part of the house”.

How to convert a residential building into non-residential premises: features, difficulties and subtleties

One administration will equate a residential building to an apartment and refuse to transform part of the house. Another two-story private house will be considered like an apartment building and consent will be given. As with the purpose of a plot of land, a lot of preliminary work is needed here. Even in the interpretation of laws, some subjectivity is not excluded, so it is better to focus on local conditions.

Another point: the presence/absence of conflicts with neighbors. Formally, their consent to convert a private residential building into a non-residential building is not required. In fact, this is where problems can arise. What will happen if a car repair shop suddenly appears in a row of cottages with its roar, car horns and not always decent cries of workers? Or will a dozen offices open in a private house, and clients’ cars will clutter the side of the street for tens of meters in both directions? Most likely, the result will be numerous complaints from neighbors.

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Status of residential premises and apartment difference

3. 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 residence in such a separate room.

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Disadvantages of living in a private house

Photo taken from Yandex.Pictures
A house located outside the city will not allow you to quickly get to a store, hospital or school. A personal car is required here.

A lot of effort. Living in a house requires the owners to have various skills and a lot of hard work every day. After all, you need to look after the garden, animals, and clean the territory of the mansion yourself. For whom is a private house suitable, and for whom - an apartment?

A private house will be the best choice for a large family with children, personal cars, where adults like to do household chores.

In this case, it is desirable that one of the family members understands technology and construction work. A private building is also suitable for people working remotely.

Photo taken from Yandex.Images

An apartment is a secluded home for a family of 2-4 people who are committed to an active social life, do not like to tinker with the land, or have a dacha. Such housing is suitable for people without a personal car who are forced to use public transport.

So, after weighing all the pros and cons, we should conclude:

Everyone is free to choose the housing option that will satisfy their needs, preferences and capabilities.

PS . We must not forget that the “weather in the house” does not particularly depend on whether a person lives in an apartment or a private house.

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The status of an apartment and the status of a residential premises are practically no different. The only difference is that when we buy an apartment, we will have one certificate of ownership and it will say “apartment”. And if we buy residential premises, then we will have two certificates: one for the ownership of the residential premises, and the second for the ownership of part of the land under this house. This part of the land is transferred by the developer to the buyer under a gift agreement. Except in cases where the land under the house is leased, in which case the buyer will have one certificate for the residential premises.

The procedure for converting a non-residential building in SNT into residential

It is also of no small importance if the dacha is the only place of residence for a person. In the case when a citizen has nowhere else to live, but there is an opportunity to register at a dacha, then the procedure for registering ownership of the dacha should be carried out and it should be re-registered as a residential building.

It is worth noting that the renovation of a country house can be done in two ways. In particular, you can file an appeal to the court. Initially, you will need to prepare all the necessary papers; if some are missing, you will need to obtain them from the authorized body. Next, file a claim, for this you can contact a professional lawyer who will help you. Please note that it is required to indicate third parties, which are organizations that have an interest in resolving this issue. File the claim, along with the documents attached to it, to the judicial authority located at your place of residence. Then the trial stage will begin, in which you will need to participate. Decide in advance what evidence you will use. After receiving a positive decision from the judge, you need to apply for technical and cadastral documents. In conclusion, it is necessary to carry out the procedure for registering rights and obtain the appropriate certificate.

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How to change the category of land from gardening to individual housing construction

• such plots are more valuable; when the land receives the status of individual housing construction, its market price increases significantly, so such a plot can be sold at a higher price;
• it is allowed to register in a house on individual housing construction;
• the house will receive an official address;
• central communications will be provided to it: gas, water, electricity from the municipality’s funds;
• Municipal authorities will take responsibility for clearing the entrance to the house.

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Plots for individual housing construction are usually located on settlement lands. Whereas plots for gardening are on land used for agriculture. At the same time, in Russia, legislators have taken into account the possibility of transferring land from one category to another at the request of the landowner.

What is a blocked building house in 2020?

• the local area can be shared or fenced off;
• individual sections can number from two to ten;
• there is no common entrance to individual blocks;
• there are no shared spaces;
• each block has its own communications;
• There is access to the territory of collective use.

The definitions of the Housing Code of the Russian Federation do not allow one to accurately determine the type of house, so the Ministry of Construction of the Russian Federation is working on draft standards that will finally and unambiguously define the concepts of “apartment buildings” and “blocked residential buildings.”