Initially established gradation: all real estate is divided into residential and commercial. But today things are a little different. There is also such a category as commercial housing. Another name is apartments. What it is? What are the pros and cons of buying such premises? How is this viewed from a legal point of view? The answers to these and other important questions are in the article.
What is commercial real estate?
Let's start with the most important definition. Commercial real estate is considered to be various structures, land plots, buildings that are used by their owners, tenants for entrepreneurial activities. The purpose of the latter is to obtain a constant profit, periodic capital gains, rental income. This is one of the investment options.
Here are the most common objects that can be called commercial real estate:
- Agricultural enterprises.
- Industrial facilities.
- Hotels, hotels, hostels.
- Storage facilities, garages.
- Office structures.
- Shopping centers and stores.
What else is commercial real estate?
Commercial real estate can also be called the following:
- Land and other natural areas.
- Certain areas of underground resources.
- Delimited water bodies.
- Forest areas.
- Perennial plantations.
- Other types of property attached to the ground or firmly connected with it. As a rule, these are various buildings, structures.
Don't forget that real estate also includes rights to it. It can also be called space objects that are subject to state registration, water and aircraft.
Property is considered commercial only if it is intended for commercial use. One in which it becomes a source of constant profit.
Now - commercial real estate gradation:
- Buildings for free use. Sports and fitness centers, hotels, inns, restaurants, cafes.
- Retail premises. Shops and shopping malls.
- Office property. From business centers to private offices and office spaces.
- Industrial buildings. Industrial premises, structures of industrial enterprises, warehouse complexes.
- Social spaces. Medicalcenters, entertainment complexes (bowling, swimming pools, disco halls, etc.), commercial airports, etc.
- Commercial housing. The so-called apartments in apartment buildings, premises for short-term rental for the purpose of living.
At the same time, only the first four categories are considered truly commercial real estate. The last two occupy a more borderline position - between social and commercial, between residential and commercial type. They will bring profit to their owners, tenants only when used for certain purposes.
Can commercial property be residential?
Despite the fact that initially real estate was divided into commercial and residential, such a thing as "commercial housing" also exists today. But what is it?
This refers to absolutely any residential property, the use of which allows you to make a profit.
Example of commercial housing
The most common example of such housing is a typical high-rise, apartment building. But each apartment in it acts as a private living space. In fact, the construction of apartment buildings appears to be an investment project in the field of commercial real estate. After all, the design, architectural planning and further construction of the building is an investment, the purpose of which is quite clear - making a profit.
But at the same time, every apartment in such a house is a residential property. After the apartments are sold in suchhouse, it ceases to be a commercial project. From now on, it will only apply to residential private property.
Commercial housing. What is it in Belarus? This is just such an example. But besides this, you need to know about commercial housing in Moscow Region and other large cities of Russia, which is better known to the public under the name "apartments".
Prevalence of the phenomenon
As statistics show, more than a quarter of real estate in the primary housing market in Moscow is apartments. Why are they so common? It's all about the low price, which is a huge plus for the sale of housing in the capital region of the Russian Federation.
But buyers do not pay attention to a big drawback - the legal status of such premises is not yet clearly spelled out. Formally, these apartments are non-residential real estate. Despite the fact that they are completely suitable for human habitation, they are actively included in the plans and projects of administrative centers and hotel complexes.
The share of apartments in the same Moscow accounts for about 26-28% of all offers for the sale of housing. The largest implementers here are such large companies as Tushino 2018, Symbol, ZilArt and others.
How much does commercial housing cost? If we compare apartments with new buildings in typical residential high-rise buildings, they will be 20-25% lower in cost. Moreover, the characteristics of the premises will be similar.
Who is the offer for?
How to redeemcommercial housing? You just need to contact the sales department of the developer you are interested in. There are no problems with buying apartments in Russia today.
Initially, this type of construction began to develop in the capital of the Russian Federation due to the lack of sites for the construction of traditional housing. The apartments were introduced into business centers. Further more. Former plants and factories are now being converted into apartment complexes.
Who are they intended for? Initially, the apartments were premises for temporary comfortable living for successful businessmen. A business person could buy such housing in a city where he often appears on a business trip, for the purpose of meetings, negotiations, so as not to stay at a hotel or inn.
Then another category of citizens began to acquire apartments. Not for living, but for investing your money in real estate.
Who is interested in apartments today?
Today, apartments are also of interest to citizens who are far from big business and investments. Those who only want to purchase comfortable housing at an affordable price for permanent residence in it.
But one should not hurry with such a purchase. Attracted by the lower cost, new settlers at first do not pay attention to the many pitfalls, which then turn into big problems for them.
First of all, the terms "commercial housing", "apartments" are not enshrined at the legislative level at all - neither at the regional nor at the federal level. In fact, apartments- Residential Properties. But they are legally regulated as commercial. Taxes are paid according to this principle.
As far as public housing stock commercial housing is concerned, it's not even a related concept. This refers to commercial rentals, not apartments.
Question of registration
Commercial military housing - no apartments. These are apartments provided under commercial lease agreements.
The second significant minus of the apartments - according to the law they are not intended for permanent residence. Therefore, even being their owner and living there all the time, it is impossible to register in such a room. There is only one exception: registration in apartments is possible if they are part of a hotel complex.
Where can I register?
According to the law, registration in non-residential premises is possible when they fall under the jurisdiction of specialized institutions - hotels, hotels, hospitals, rest homes. The obligation to register residents here is entrusted to the administration of such an organization.
If the apartments are part of a business center or a former factory, it is impossible to make them a place of residence. But even in the permitted case, not everything is smooth. Even here, apartment owners receive a non-permanent registration. They are required to renew their registration every 5 years. But she will give them the same rights as those registered in standard apartments. That is, they will be fixed in the localpolyclinic, may apply for a place for a child in a kindergarten or school by registration. Therefore, apartments often become the choice of family buyers.
Features of taxation
The commercial housing tax is also not going well. Since the apartments do not actually belong to the housing stock, it is impossible to get a tax deduction of 13%.
But at the same time, property taxes themselves are levied at high rates, because legally it is commercial. Therefore, the owner of an apartment, in comparison with the owner of an ordinary apartment, overpays 20-25% in taxes. Moreover, annually.
When determining the tax base (based on the cadastral value), the minimum rate for apartments is 0.5%, the maximum is 2% (clause 2, clause 2, article 406 of the Tax Code of the Russian Federation). As for standard residential real estate, a rate of 0.1% applies to it (clause 1 clause 2 article 406 of the Tax Code of the Russian Federation).
The most unfavorable from a tax point of view here are apartments located in an office, shopping complex, in a building intended for catering establishments. The rate here is 1-2%. The most economical - apartments in hotels. The maximum bet is 0.5%.
Can commercial housing be privatized? Here, too, their "troubles". Sometimes new settlers are offered contracts where they are the owners not of an apartment, but of some share in the common property.
As for the tariffs for utilities, the apartments are again difficult. They will not be presentedrequirements of the residential complex, mandatory for the residential sector in relation to the management of common property.
So, apartment owners cannot influence the amount of tariffs that the management company sets for the operation of the building, adjacent territory, and infrastructure in general. Therefore, utility bills here are definitely higher when compared with ordinary apartments. On average, by 15%.
Another disturbing disadvantage that you need to pay attention to before buying an apartment. The developer is not obliged to improve the territory adjacent to commercial real estate. That is, a green zone, lawns, playgrounds, temporary parking spaces for cars and footpaths may never appear near your house.
Pay attention to the neighbors too. If the apartments are located in a business center, then there will be a wide variety of visitors and couriers in your house. Under the windows there may be a smoking area or car parking for office workers.
In conclusion, we add that commercial housing is not subject to sanitary standards, which must be strictly observed by construction companies erecting standard housing. According to the level of illumination, sound insulation, insolation.
This is especially worrisome for apartments in old industrial complexes that have gone through reconstruction. That is, former plants, factories, warehouses. Many are attracted to the so-called lofts, but how safe will you bethere?
If the enterprise that was previously located there, one way or another, was connected with the chemical industry, hazardous waste, then living in such a room is simply dangerous. Since the decay time of such substances is tens or even hundreds of years.
Commercial housing - this is the name of the apartments. Previously, they attracted only businessmen and investors. Today - ordinary citizens interested in affordable personal housing. But in fact, the lower cost of apartments translates into a number of disadvantages that cannot even justify it.