Permanent registration in apartments is now possible, but only if the premises are officially transferred to housing stock. In non-residential areas, only temporary registration is allowed. Moreover, the maximum period of the latter can be no more than 5 years. The registration procedure itself is carried out according to the standard procedure, although you will need to have all the necessary documents on hand. If at least one document is missing, the registrar has every right to refuse to accept the application.
Why do apartments need legal status?
The first apartments appeared in Moscow 11 years ago. Commercial premises in the center were not in demand. Developers had to look for a new format for their use in order to compensate for their costs. The concept was quickly picked up in other cities. On the wave of popularity in Russia, apartments were opened in business centers and entire apartment complexes, for which even old departmental buildings were reconstructed. A new convenient format for living in the city center has appeared. Nearby are theaters, cinemas, restaurants. True, over the years the status of the apartments has not changed. Legally, they remained uninhabited.
The concept of “apartment” is not defined in any current law. Therefore, such real estate is significantly different from apartments. The apartments are not subject to housing legislation. Increased tariffs for electricity and water apply. Owners cannot complain about loud neighbors, and a noisy office can open at any moment behind the wall.
Is it possible to register in an apartment according to the law: all the pitfalls and the new law 2021
Changes in legislation, introduced almost regularly, raise many questions among citizens. The most popular question is whether it is possible to register in an apartment. In our article we will dwell in more detail on the features of apartments as real estate from the point of view of the law, we will tell you in what cases registration is allowed, and where to go to resolve the issue.
The legislative framework
Based on the law, in 2021 registration in apartments is allowed. But a condition must be met: the apartment (premises) has been officially transferred to housing stock. In non-residential areas you have the right to obtain a temporary registration, but it limits some rights, and the apartments will not be considered the final property of the citizen.
The registration procedure for a certain period of time (but not longer than 5 years) is carried out in accordance with the standard scheme. A full package of documents is required, since the absence of a certificate or specific resolution is grounds for refusal even of temporary registration.
Property status
Apartments are a relatively new type of real estate and have recently appeared on the market. The proposal almost immediately attracted the interest of potential buyers, but few people had any idea about the nuances and pitfalls associated with the deal. Apartments (along with lofts) are premises located within the boundaries of a commercial property. Hence the status of the property - commercial. Developers allocate areas in the property that are not equipped with bathrooms and other types of communications suitable for permanent residence of citizens. Therefore, apartments are rented for offices and other types of work premises, but not for permanent residence, especially with children.
Is it possible to register in the apartment?
Whether there is a registration in the apartment is the main question that worries citizens. When purchasing an apartment, you clearly understand that you will live in them, and not periodically work, and you will need registration on a permanent basis - permanent registration. This will not stop the apartments from being commercial space; accordingly, they belong to the non-residential stock. Hence the conclusion - living in apartments is excluded.
But given the statistics and the fact of the growing popularity of apartments among residents, the legislative framework is beginning to gradually transform. A number of rules have been developed to determine registration in commercial premises.
The points are as follows:
- Permanent registration is not allowed and is conditioned by the classification of apartments as commercial premises. Indefinite registration is considered impossible.
- Temporary registration is permitted, but the procedure is only permissible if the owner (in our case, the developer) has the entire set of documents. The documentation must provide evidence of the availability of amenities that allow you to live in apartments for a long time.
- Temporary registration is issued for a period from 1 month to 5 years.
Registration process
The procedure begins with collecting documents. Also make sure that the premises are transferred from non-residential to residential. The process involves inspections and collection of documentation proving the apartment’s compliance with sanitary and fire safety standards. The owner takes responsibility for confirming the availability of amenities that are required when people are in the premises around the clock and carry out their usual activities - resting, cooking, sleeping, caring for children, working.
Package of documents
The following documents will be required:
- passports of persons wishing to register in the apartments;
- agreement on the purchase of premises;
- extract from the Unified State Register of Real Estate – confirms the fact of ownership of the apartment;
- certificate of departure - termination of registration at the previous address.
Where to contact
Together with the documents, go to the department of the Ministry of Internal Affairs; it is permissible to contact the MFC office. If it is inconvenient to apply in person, apply for registration through the State Services website. In any case, you will have to appear in person to receive the registration certificate, since authorized employees will carry out a detailed background check with the information specified in the originals.
New laws 2020
The rules change regularly, this also applies to registration in apartments. The new law of 2021 involves some changes, although in practice they are not expected soon. For example, it is possible to transfer apartments from non-residential to residential, and only in this case is permanent registration possible.
If you live in an apartment and have nowhere else to stay
In fact, registering in an apartment on a temporary basis is beneficial for those who have a permanent residence permit in this or another city in another apartment. Accordingly, it is risky not to have registration anywhere at all, since you are deprived of a number of privileges provided by the state.
What other pitfalls are there?
There are difficulties in registration:
- the developer does not have documents confirming the availability of basic amenities in the premises;
- citizens intending to register collect an incomplete set of documents.
Therefore, avoid risks and be careful about the registration procedure.
Legal status can smooth out significant shortcomings of apartments
- Impossibility of registration. Officially, the apartments are not classified as residential premises, so you cannot register in them. That is, if you come to Moscow and, in the hope of getting a registration, buy cheaper apartments, you can make a big mistake. Even temporary registration should only be counted on in those facilities that are part of the hotel or serviced by the management company.
- Lack of infrastructure. Developers, as a rule, do not try to create a convenient social infrastructure for apartment residents. You shouldn’t expect that there will be a park, parking lot or kindergarten nearby. But there will probably be a couple of cozy coffee shops or cafes nearby with attractive prices for business lunches. Metro station and convenient transport interchange.
- There are no SanPiN standards. The lack of loggias and balconies is a standard disadvantage of apartments. In addition, they are not subject to SanPin standards. It turns out that apartment owners are not protected, for example, from construction a couple of meters from the windows of a new building. There are no requirements for sound insulation either. Therefore, walls between neighbors may be suitable for conversations and negotiations.
- Expensive content. Apartment taxes are higher than condo taxes. The property tax on an apartment is 0.1-0.3% of its cadastral value, the tax on apartments can reach 2%. The cadastral value of apartments is lower than that of apartments. This may even out the difference in tax, but not always. You can check the cadastral value of the apartments you like in advance to roughly calculate the costs of their maintenance. This is easy and quick to do online in the EGRN.Reestr .
Types of registration
In order to more clearly understand what we are talking about, it is worth briefly identifying what registration is and what types of registration are acceptable.
The procedure is that a person, within a clearly regulated period, submits an application to the Main Department of Migration of the Ministry of Internal Affairs in order to officially document the fact of residence at a certain address. Registration can be of two types:
- Permanent registration. In this case, a person is registered in a specific apartment on an indefinite basis, and a corresponding stamp is affixed to his passport.
- Short-term registration. It is required when a citizen plans to live at a particular address temporarily. Based on the results of registration, the applicant is given a corresponding document in which the agreed period is recorded. The maximum period of residence anywhere without registration is 90 days.
It is important to understand that registration at the place of residence or stay is considered a mandatory procedure. Failure to comply with the law may result in penalties, and the person himself will not be able to use a number of social services.
In addition, the status of premises where registration is possible is determined at the legislative level. Thus, permanent registration is allowed in the following territories:
- in apartments located in multi-apartment residential buildings;
- in private houses built on individual housing construction lands.
But you can temporarily register in:
- hostel;
- sanatoriums;
- hotel and other facilities intended for short-term accommodation.
As you can see, there is no mention of apartments anywhere. However, registration in such apartments is still possible.
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.
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:
- Identification.
- Certificate of ownership of the apartment or studio.
- Floor plan of the premises.
- 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.
Apartment Law
Discussions about the need to assign the status of apartments began at the end of last year. The main theses that sound in the context of the law on apartments look like this:
- prohibit further construction of apartments;
- recognize already constructed objects as residential;
- Apartments under construction should also be recognized as residential and taken into account in the volume of housing commissioning.
It is expected that a number of criteria will be established to recognize apartments as residential. It may be that “residential-non-residential” premises in hotels, mixed-use business centers and recently constructed apartment buildings are more likely to receive a new status than premises in older converted buildings.
Text: Pavlova Alexandra
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:
- It had a separate entrance.
- 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.
Recommendations
Expert advice
If potential buyers are interested specifically in a loft, then they are recommended to:
- buy housing in an already completed complex - since shared construction in this segment is not protected by the state, purchasing at the development stage will be too risky;
- pay attention only to offers with all amenities - in the future, such options will first of all receive the opportunity for permanent registration;
- choose complexes close to apart-hotels and hotels - they traditionally have extensive infrastructure.
Loft is an interesting option for living. Especially if it is not the buyer’s only home. In this case, registration will not be necessary, and the low cost of acquisition will turn it into a liquid and profitable investment.
