Moscow has imposed fines for the use of non-residential real estate as residential

Beautiful modern bedroom with white bed, wooden floors, and large windows with natural light streaming in.

Fines are linked to the cadastral value of land plots and depend on the legal status of their owners. Punitive measures will be taken not against buyers, but against developers and land owners. At the same time, those apartments that have the status of hotels will not be affected by the new fines

Москва ввела штрафы за использование нежилой недвижимости как жилой

For the first time, fines were imposed in Moscow for the use of non-residential real estate as residential. The measures will affect both reconstructed buildings and new facilities, RBC writes.

Fines are linked to the cadastral value of land plots and depend on the legal status of their owners. So, for citizens, they will amount to from half to 1% of the cadastral value of land; for legal entities, the spread is 2-3%.

But measures can also be taken in monetary terms, if the cadastral value of the land is not determined — up to 900 thousand rubles. In addition to paying fines, the owners must eliminate the violation itself within 270 days. If the situation is not corrected during this time, a second fine will be imposed — up to 5% of the cadastral value of the land or up to 1 million rubles.

Nevertheless, there may be situations when fining a developer is not quite right, according to Denis Kolokolnikov, managing partner of the consulting company RRG:

Denis Kolokolnikov, managing partner of the consulting company RRG, “There was a fairly long practice when developers, mostly not very large ones, bought administrative buildings, converted them into apartments, sold them to people with the status of non-residential premises. The city did not particularly like it, moreover, they not only redone, but also built office buildings in the ideology of the apartment concept, since it is illegal to live in non-residential premises if there is no status of hotel use, and this was a more profitable purchase for buyers. Warnings on the implementation of these projects have been received for a long time, they were very careful about this, including buyers taking certain obligations that they would not live there and all responsibility falls on them. Now it has been brought into a certain legal zone, that is, certain fines and percentages have been designated. And now there can be physical checks. If the status is administrative, and people live there, this is a violation. But, again, if the developer sold non—residential premises in the form of an office, and the buyer took and made housing there, and lives there – the developer is not to blame here, he has already sold, the question is in what form it was sold, how it was advertised and so on. Therefore, everything is not so clear here, because many office premises have wet—point bathrooms, and offices are, in principle, cheaper than housing.”

It is impossible to build residential apartments for sale if the land was provided according to the documents for the construction of offices or other administrative buildings.

Punitive measures will be taken not against buyers, but against developers and land owners. At the same time, those apartments that have the status of hotels will not be affected by the new fines.

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According to the data bnMAP.pro The entire volume of apartments within Moscow is now represented by 112 projects, in which 8 thousand lots with a total area of 410 thousand square meters are sold. Market experts believe that more than half of them are now violating Moscow land legislation.

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