Your life: Russians were allowed to register in non-residential premises
The Constitutional Court recognized the right of citizens to register at their place of residence in non-residential premises, including hotel-type apartments. Izvestia found out what caused this decision, for how long it is possible to "register" in apartments and whether they have turned into full-fledged housing.
What the court decided
The Constitutional Court recognized the right of citizens to register at their place of residence in non-residential premises, including hotel-type apartments.
"In modern conditions, it is common for citizens to stay for a long time, but actually live in non-residential buildings that <...>..> similar to apartments, but not included in the room stock of hotels and other accommodation facilities. They can objectively be used for personal, family, household, and household needs. The inability to register in them, despite the fact that temporary residence in them is not prohibited, restricts the right to freely choose a place of stay," the Constitutional Court said in a statement.
The decision was made following a complaint from a Russian woman who was denied family registration in an apartment in St. Petersburg.
Previously, the legislation did not provide for the option of registration in a commercial building, which is an apartment. However, there is a procedure for registering guests in a temporary format in hotels and hostels. In this case, the plaintiff managed to defend the right to an explicit qualification of his property, namely a room in an apartment hotel, says Dmitry Anpilogov, head of the Artpro architectural bureau.
This is not housing
As lawyers remind, apartments are still not equated with residential premises by law. The decision adopted by the Constitutional Court also does not eliminate the legal differences that exist between residential and non-residential premises.
— There is still no concept of "apartments" in the legislation. This is a type of non-residential premises, even if they are habitable. This situation is primarily due to the legal status of the lands on which such complexes are being built. In addition, many apartment buildings do not meet the standards for the level of insolation, building density, and social infrastructure availability," explains Ruslan Syrtsov, Managing Director of Metrium.
— During the construction of non—residential apartment buildings, the developer does not bear the costs associated with social and other infrastructure, landscaping. As a result, a situation is formed in which the cost of apartments is lower than the cost of an apartment with an equal property description," says Martin Zarbabyan, a member of the Moscow City Bar Association.
At the same time, utilities in apartments are on average 15% more expensive than in apartments and houses, because they are meant to be used for commercial purposes.
According to lawyer Olesya Chernokova, preferential loans and state support (maternity capital, family, military or IT mortgages) do not apply to the acquisition of such property. And the property tax rate for apartment owners is also significantly higher than for apartments.
Only temporarily
The decision of the Constitutional Court does not mean that you can register in the apartment right now — first you need to make appropriate changes to the current legislation. The decision of the Constitutional Court postulates that the apartment owner has the right to register at the place of stay, but in order to exercise this right, legislative support is necessary, experts explain.
According to Olga Astafyeva, Head of the Department of Economics and Management in Construction at GUU, changes in legislation will primarily concern the legal consequences that such registration entails. The registration procedure itself will be determined differentially, that is, taking into account the specifics of the apartment and other circumstances.
At the same time, as experts explain, there is no question of permanent registration, as in an apartment or in a private house. Only temporary registration is possible, similar to arranging a long—term stay in a hotel or hostel room.
— Thanks to the new decision of the Constitutional Court of the Russian Federation, apartment owners have the opportunity to issue temporary registration for up to five years, and after this period — to extend it or to issue it again. It is still impossible to obtain a permanent residence permit, and the appropriate stamp is not entered in the passport. As a result, apartment owners will not be able to count on the full range of benefits at the regional and federal levels," Ruslan Syrtsov points out.
Now apartment owners (with the exception of lots intended for offices, warehouses, production facilities and rooms) have the opportunity to register children in the nearest kindergartens and schools, enroll in local clinics, receive pensions and other benefits at their actual place of residence without the need for annual confirmation, the analyst adds.
Fewer problems
According to real estate market experts, in the future, the decision of the Constitutional Court may increase the liquidity of apartments and make them more attractive to buyers, and add a square meter in price.
As Sofia Lyubimova, a mortgage broker and director of the Lyubimoe Academy of Sciences, explains, the apartments will become less problematic and a little more comfortable to live in, especially for those who live there permanently or rent them out.
However, experts do not expect a sharp increase in prices, as the status of the facility has not changed.: These are still non-residential premises in which permanent registration cannot be issued.
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