A townhouse, which can almost literally be translated as “town house,” is a very popular type of building throughout the world. In the Town Planning Code of the Russian Federation, as well as in various state standards of the countries of the former USSR, such structures are called “blocked residential buildings.”
Ready-made townhouse project for four families
If you want to build such a house together with friends or relatives, this material will introduce you to the advantages and disadvantages of houses for four families.
He will also reveal some legal subtleties and outline the criteria by which it is better to choose a project or buy housing of this type.
Advantages
The first thing that attracts potential owners of a townhouse is its cost.
If we consider in detail the possibility when you need to build a townhouse from scratch, then the savings will consist of the following:
- The cost of developing an architectural project is divided among all participants, and everyone contributes their share, which is more beneficial for each individual family;
- Documentation and fees are also paid collectively;
- We carry out wholesale purchases of construction and finishing materials, pipes and wires.
Project of a three-story secret house for 4 families.
The savings are significant and can amount to up to 20% of the total cost of four separate cottage projects for each family; - Additionally, for a large volume of work on one project, the construction organization makes a significant discount on its services;
- Similarly, along with builders, the work of plumbers, electricians, and finishers will cost less.
One building designed for four families is much cheaper to build, since there are common walls between the living areas. In addition, four separate cottages will occupy a significantly larger area and will require more complex communications and opportunities for transport access.
A townhouse takes up less land per owner, providing the same opportunities as a separate cottage.
Detailed layout of a townhouse for 4 owners
A four-family home also has an advantage in operating costs. A properly organized air conditioning, ventilation, and heating system will help significantly save material costs.
Lovers of country life will also find a townhouse for four owners quite attractive, since such houses are located far from the city limits, providing almost the same conditions as a cottage. In areas available for this type of development, there is almost always clean air, silence, and sometimes beautiful nature with a forest, lake or river.
Projects of blocked houses - examples of architectural solutions
For the construction of blocked low-rise buildings, all building materials are used: logs, bricks, aerated concrete. The area is not limited in any way - from 120 sq. m. up to 800 sq. m, and more. In general, they are characterized by modern European design, but this depends only on the wishes of the customer. Let's give a few examples.
| Townhouse with an interesting layout | Cozy wooden cottage | Aerated concrete with flat roof |
- Three-story townhouse with an interesting layout - No. 47–46B in the catalog. Total area 531 m2. The walls are made of brick, the roof is attic - there is a guest room underneath.
- A small cozy cottage made of wood (213 m2) - No. 12–32 is designed in the Scandinavian style. Each section has two entrances.
- Townhouse with a flat roof made of aerated concrete - No. 60–68 is presented in the version of a small motel; it can be adapted for two owners.
Each project contains a complete set of documentation for construction: floor plans, masonry diagrams, sections, specifications of materials. Our architects will make changes to any of them at the request of the customer, and finishing materials are chosen to taste.
Flaws
If consideration of a four-family house as a single architectural complex shows an impressive list of positive features, then analysis from the position of an individual owner reveals negative ones.
The short list looks like this:
- It is difficult to make changes to an already completed project. Redevelopment of any kind affects all families living in the house;
- Even if a townhouse is being built to house relatives or close friends, the rules of conduct are much stricter than in an apartment building. Common territory, partly communications, close living and the need for communication are factors that impose certain requirements on neighbors;
- The absence of one family on their part of the area, especially in winter, is dangerous. Accidents, freezing of pipes, the need for maintenance, possibly access to utilities - these are the difficulties that other residents of the housing may face;
Original project of a townhouse for 4 families with a swimming pool - There is also collective responsibility for the condition of the house - decoration, roof, ceilings, and so on.
Therefore, if you plan to build a house for four families or want to buy part of a townhouse for living, you need to take into account rules similar to those in a communal apartment.
The project should be selected based on the separation of technical components: individual communications with separate meters, heating system, possibility of redevelopment.
Features of the construction of townhouses
The construction of townhouses originates in England, where this type of development was positioned as economical, however, after some time, the townhouse project was appreciated in many countries, including our country.
After adaptation in each country, the projects acquired national features of the interior and exterior appearance inherent in the regions. An example of this is the different purposes of townhouses in different countries, for example, in Foggy Albion such dwellings are popular among families with large incomes, and in Europe - among middle-income residents.
Option for a three-story townhouse project
As a rule, each section is about 150 square meters in area, and the size of the adjacent land is no more than a few hundred square meters. A mandatory attribute of townhouses, imposed on us from Western films, is an evenly trimmed lawn throughout the entire area. Behind the house there is often a recreation area and a barbecue area.
Naturally, after assimilation, the domestic townhouse became different from its Western counterparts. Our vast country allows us to build houses with an area much larger than 150 square meters, and the layout of a plot of land of several hundred square meters is regarded by our compatriots as something like a toy: what about without a vegetable garden?
Project of a two-story townhouse with a garage and attic
As for the price for townhouses in our country, it is about 600 thousand dollars. It all depends on the distance of the site from the city; accordingly, you can find townhouses that are twice this price. However, for the majority of residents of our country, economy-class houses are considered more acceptable.
Legal complications
Despite the fact that townhouses are becoming a fairly common type of housing in Russia and abroad, the legal aspects of owning them are poorly developed. Let's consider what you need to consider when concluding an agreement or choosing a ready-made project from a developer.
Construction site
The documents that need to be requested from the developer must confirm the compliance of the land plot with the type of building.
Detailed plan for the development of the territory with townhouses
For townhouses for four owners, there is a limited list of “territories” in which their placement is permitted.
This is land for low-rise or individual construction.
With some exceptions, houses for four owners can be built on dacha lands, provided that sections for family living are located no more than two in a row.
Property type
There are two sales schemes. Only houses or buildings together with the site. The second option is preferable, since each family and owner will have ownership of the land. This will make it easier to resolve issues related to redevelopment of the site, if such a need arises.
Ownership pattern
A cottage implies full ownership of the building. A townhouse does not provide this opportunity. Here, various approaches are usually used, corresponding to the legal field.
Project of two-story townhouses for four owners
The cottage can be sold, but the area to accommodate a family cannot be managed so easily.
There are several schemes:
- Each owner has an interest in both land and home ownership. This is the worst option, since there is a single architectural project, and it is difficult to sell your share of the area: the consent of all other neighbors is necessary;
- Often the developer offers what is called a dedicated share of the property. From a legal point of view, this does not make sense, since there is simply no such concept in the legislation. The allotment clearly describes the area, sometimes an area, within a townhouse project that is owned by an individual owner. But you still won’t be able to sell your share as a cottage;
- The ideal option is a allocated share in the ownership of a land plot, as well as a separate project and explication of the BTI for that part of the townhouse occupied by a specific family. This way you can clearly define the area of responsibility, since the documentation will indicate all communications and the passage of utility networks.
The current market situation is described by many vague contract options. Therefore, when building a townhouse or purchasing apartments in an already completed building, be sure to consult with lawyers.
The property should be able to be sold without much difficulty, whether it is a cottage or part of a townhouse where the property is divided between four owners.
Communications
As stated above, the principle of separation must be respected. Otherwise, difficulties or scandals cannot be avoided.
Scheme for installing communications in a townhouse
If a septic tank can be shared, then emergency devices, utility networks for water supply, electricity, cable television systems, and the Internet must be separate. This is also important from a safety point of view: a short circuit in a single-family residential area, for example, should not lead to the collapse of the infrastructure of the entire townhouse.
The situation is similar with heating. Maintaining the temperature regime for all families can be achieved using one boiler. However, problems arise with access to all areas of its piping, each part of which is located on the territory of a separate owner.
Therefore, an individual heating system for the area in which each family lives is preferable.
Let's continue the rental topic, but only from a slightly different angle. We will talk about apartment buildings in the near Moscow region. The idea of building apartment buildings on land for individual housing construction has been exciting the minds of many small entrepreneurs for several years now. Indeed, few people can resist the housing rush of the last three or four years. And then there is such a gift as an ever-extending dacha amnesty and a simplified procedure for the development of private households, which help reduce the cost and construction time of such objects in comparison with full-fledged housing developments. And in terms of quality for the final occupant, such a house is not inferior, and perhaps even superior. But there are practically no adequate legal schemes for the sale of apartments within cottages built on individual housing construction. And even the savings that may arise when purchasing apartments inside an apartment building do not compensate for the future risks of their owners.
Brief economics of the project
As a non-architect, what I see as ideal from an efficiency point of view is a two-entrance, three-story house with 4 apartments per floor in one entrance with an average area of 40-45 sq.m. Total, 24 apartments. I’m not describing a clear apartment layout here, it will depend on the location of the project, but obviously studio apartments and one-room apartments should prevail. Accordingly, the total area of the building will be about 1000 sq.m.
Of course, you can scale up to a “cottage” of 1500 sq.m., since such projects also do not require an examination, but due savings “on scale” compared to 800-1000 sq.m. We won’t get an analogue here. Yes, and it will be more difficult to obtain adequate apartment planning without increasing the MOP.
The building area for such a cottage will be about 350 sq.m. Such a house can easily be “fitted” into a 10-acre plot. But it is better to focus on a plot of 15 acres, so that you can provide 1 parking space for each apartment.
A plot of land on the outskirts of the village, which is not the most marketable for cottage construction, can be found for 400-500 rubles. per hundred.
The construction of such a turnkey house with full furnishings will cost, say, 40 thousand rubles. for 1 sq.m. Swedish minimalism to help us! + 2.5 million rubles for site development and unforeseen expenses. Total, 50 million rubles. costs.
We calculate the income component based on the average net rental rate minus operation in the amount of 30 tr. for 1 apartment per month. Total - 720,000 rubles per month. 8.64 million rubles in year. with an investment of 50 million rubles. gives us a yield of 17.3%. Well, let’s say we made a mistake somewhere and didn’t take into account, for example, depreciation charges, real estate commission, and the yield will be about 15%, then that’s also not bad.
Where can I find a plot?
For the first time, when the idea of an apartment building came to me, the idea was to find a plot in a guarded cottage community with infrastructure. Imagine, if such a house appeared, say, in Knyazhye Lake or Millennium Park, there would be a queue for apartments. But, of course, this is a utopia. For the owners of these villages, the management company and residents, such an apartment building will be like a “bone in the throat.” And the costs associated with the purchase and construction of such a facility will be significantly higher.
But a plot on the edge of a small village or unguarded cottage development would be an ideal solution. It is important to have a gas connection and sufficient electricity capacity. Convenient access and a minimum number of neighbors are also a priority. Distance - up to 30 km and proximity to a large settlement and railway station is desirable.
What to build from?
If we talk about the rental market, then client-tenants are not as scrupulous about the “insides” of their home than their colleagues, client-buyers. For them, appearance and functionality are more important. If they don’t like it, they’ll move to another apartment. That is why I consider frame construction technology ideal.
It reduces the construction time of a facility and is relatively cheaper (in total) compared to other technologies. And there will simply be no one to think about those shortcomings (most likely psychological) that are deeply ingrained in the minds of our fellow citizens.
Of course, you will need to more carefully address the issues of sound insulation, which is also completely solvable.
Which project to choose?
There are now ready-made projects of apartment buildings on the market up to 1000 sq.m. In particular, pay attention to the projects of the Novaya Izba company. But these projects are for brick and concrete construction. If we are talking about a frame option, then no one will design this house better than the manufacturer of frame houses and the future supplier for this project. This may even be included in the cost of construction, but if the customer wants to retain the rights to the project, then he will have to pay for it separately. And we must not forget that during the construction process, you also need to listen to marketers and draw up a clear technical specification in order to end up with a project optimized for the market with adequate apartment layout and functional internal layouts.
Is there demand?
It is clear that the market has now sunk even in this inexpensive segment, and over the next couple of years hundreds of rental apartments in new buildings near Moscow, bought during the rush of the currency rally, will enter the market. But who will find it easier to rent out their apartment? A private owner, one of thousands of landlords, or a semi-institutional player with a qualitatively different pool of offers? In my opinion, the answer is quite obvious. In addition, some part of the housing stock can be left for short-term rental. Of course, it poses more problems from a management point of view, but it can compensate for subsidence in demand.
Infrastructure and service
As an option to attract additional clients and justify higher rents, you can think of some minimum set of infrastructure. For example, use part of the site and organize gazebos, a small playground, and outdoor exercise equipment. If the site does not allow it, then it is quite possible to use the roof of the building, making it usable. We will also have to introduce rules of residence, which tenants sign along with the lease agreement.
You can also think about some common areas inside the house itself - a sauna, a billiard room, a gym, a home theater. Such infrastructure facilities will be able to provide the apartment building with long-term competitive advantages.
And, of course, we should not forget about additional services - apartment cleaning, food delivery, transfers to and from the city, installation of individual security alarms, etc.
Legal form
The most ideal option is an individual entrepreneur using the simplified tax system according to the 15% of profit system. If there are several participants, then this is an LLC on the same taxation system. All costs for the construction of the facility are borne by the legal entity. And for 5-6 years, these accumulated losses count towards future rental income. But we must not forget that you will have to pay 1% of turnover under this taxation system. Of course, there are accounting subtleties that need to be taken care of in advance and consulted with an experienced accountant. After all accumulated losses are over, you need to switch to a 6% system from turnover. Don't forget that this can only be done once a year.
If suddenly a possible sale of the entire complex looms before this moment, then before the transaction is completed it would also be advisable to switch to 6%.
I have not explored the option of obtaining a patent. But it also most likely has a right to exist.
We will suffer from gigantism
In this case, I described a model of a private apartment building built on one plot. But a larger plot of individual housing construction - 1-5 hectares - may well be suitable for this concept. In this case, it is no longer possible to do without an extensive infrastructure and a full-fledged management company. The profitability of a larger-scale project may fall slightly, but there will be additional opportunities for the management company to earn money, plus commercial components - retail space, cafes, car wash, etc.
If you are interested in this idea, I will be glad to assist you in any way in its implementation.
See also: Non-standard concept No. 1: Rental village
Economy class townhouse project
Such houses on the real estate market are considered very inexpensive analogues of city apartments, which attracts future owners, because for the same price as an apartment costs, you can acquire your own suburban housing, and even with an adjacent territory.
Layout of all floors of an economy class townhouse
However, due to the fact that most townhouses are significantly remote from the city, few people consider them as their main place of residence. Schemes of standard townhouses can be easily found on the Internet, and their main concept is saving on building materials and the cost of land.
How are private houses divided?
If it is not a semi-detached building, in practice it is quite rare to be able to divide the house so that all parties are happy.
The law provides two methods:
Settlement agreement
This is the most cost-effective (both in terms of money and time) option for owners. In this case, the house does not lose its position as a whole object, but is simply re-registered as shared ownership.
In the case of a peace agreement, everything is done on the basis of oral consent or a written agreement between the owners. It is more correct to choose the latter and have the contract notarized, which can eliminate all disputes in the future.
The contract stipulates the following points:
- ongoing maintenance costs;
- communal payments;
- procedure for using the common area.
When deciding on a peace treaty, it is important to consider how the division of the territory will be carried out. However, if everything is formalized as joint residence, this section is optional.
Even in this case, the property is divided into two premises. In certain situations, redesign will be necessary. Any redevelopment must be legalized and a corresponding specialist report must be drawn up.
Sequence (stages) of the section
Before starting the procedure, you should understand whether there is a possibility of its fragmentation. For these purposes, it is necessary to carry out an examination that will confirm or not confirm these possibilities.
The examination will also answer another question – whether the structure meets absolutely all technological conditions. In addition, in the final decision, at the request of the co-owners, the specialist has the right to add information about the actual price, redevelopment alternatives available for this property, and the costs of these types of work.
After approval of the examination, the owners are required to obtain permission for redevelopment. This can be done at local governments.
Owners will then be able to apply one of the alternatives:
- Allocation of shares;
- Dividing the house into 2 buildings.
This is only possible when divided into separate rooms with a separate entrance.
Problems of joint ownership of a house and land
The situation when several owners own a house and a plot is not simple in itself. Especially when the co-owners are in hostile relationships and often simply cannot come to agreements on everyday issues.
However, since the real estate remains in shared ownership, they often need to make some general decisions regarding:
- registration of new residents;
- carrying out repair activities;
- reconstruction of technical networks.
In complex relationships, this is quite difficult to do, or even impossible, and most owners try to allocate their share by dividing property.
This can be done by separating a part of the house and the territory underneath it, in other words, through real division.
The procedure for dividing a house into apartments
The easiest and cheapest option to divide a house into apartments is to reach an oral agreement with all the owners, without going to court or concluding any agreements. After this, all that remains is to submit a collective application to the municipal administration, which will make the final decision whether to allow it or not.
But if such a simple option is not suitable, there are two more left: to solve the problem through a notarized agreement or through the court. The first is suitable for situations where people who are unfamiliar and/or do not trust each other and are interested in a division come to an agreement. Notarized provisions are very difficult to challenge and will have to be followed.
The second option is relevant only if one or part of the owners want to divide the house into separate apartments, and the rest for some reason resist this. Then the problem will have to be resolved only through the court, since only there they can be forced to divide the house forcibly.
Agreement
All owners discuss among themselves the features of the future section and all issues related to it. As part of the preliminary agreements, you need to take into account absolutely everything, starting from the most basic: who will get how much and how exactly the division will be carried out, ending with who will carry out most of the repairs/rebuilding of the house, at what cost, when to do all this and who will monitor it in the future for communications. There may be many such questions, but it is highly recommended that you consider them all. This will greatly facilitate the process of drawing up and signing an agreement in the future.
Example : It is necessary to divide a house into several apartments, each of which will go to a family that is in no way connected with the other owners. Since they do not know what and from whom to expect, an agreement would be a reasonable option for division.
Procedure
- Discuss the terms of the agreement with all owners.
- Draw up an agreement and have it certified by a notary office.
- Submit an application to the Housing Authority. After this, checks will be carried out to ensure that the house and land meet all requirements.
- Carry out the actual division in kind as stipulated in the agreement.
Agreement
Due to low demand, there are no forms or samples of such agreements. They are drawn up on the basis of a standard property division agreement. It must indicate all the requirements for each of the owners, the features of the section and other elements that may be of interest to any of the parties. It is highly recommended not to ignore the requirements of at least one of the owners, since even the absence of a single signature on a document can cause it to be declared invalid.
Documentation
Copies of passports of all owners, as well as title documents for shares in the house, which will later become apartments, should be attached to the agreement. Depending on the current situation, additional documents may be required. This point should be clarified with the notary whom you plan to contact for certification.
Expenses
When signing an agreement of this type, you must pay a fee of 0.5% of the value of the house that is subject to division. The maximum payment amount cannot exceed 20,000.00 rubles, but it cannot be less than 300 rubles. Owners usually determine the cost of a house on their own, but given the fact that an agreement is usually concluded in situations where for some reason everything needs to be documented, the best option is to order an appraisal from a licensed company. In addition, notary services will cost an additional 5 thousand expenses (the cost may vary depending on the region).
Example : A house costs 10 million rubles. 0.5% of this amount is 50 thousand rubles. But the maximum amount is 20 thousand, so you only need to pay 20 thousand. Another 5 thousand to the appraisal company and the same to the notary. Total expenses will be 30 thousand rubles. This amount, by agreement, can be distributed in equal parts among all owners. Alternatively, the division of costs may be different; this is discussed in advance.
Trial
When an agreement cannot be reached, the only option left is to go to court.
Procedure
- Determine exactly how the house should be divided. Sometimes the court even goes for a disproportionate division, allocating a larger area to one owner than to the other. But in such a situation, the second first is obliged to compensate the second for the cost of the area received in excess of the required area.
- File a claim.
- Submit an application to the court at the defendant’s place of residence or the location of the property. You need to contact the district court, since the magistrate only considers cases whose value exceeds 50 thousand rubles.
- Wait for the court's decision. If the partition is allowed, the points of the decision should be adhered to. Otherwise, you can file an appeal.
Statement of claim
When drawing up a statement of claim, you must take into account Article 131 of the Code of Civil Procedure of the Russian Federation. In particular, this document must contain information about the court in which the claim is filed, information about the plaintiff and defendant, a detailed description of the current situation, real estate, as well as specific requirements.
Documentation
Attached to the application:
- Receipt for payment of state duty.
- Plaintiff's passport.
- Title documents for the house.
- Evidence that the plaintiff is right.
Expenses
- If the shares in the house have already been determined and you need to divide it into several apartments based on this, then you only need to pay 300 rubles (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation).
- If you first need to determine the shares of each owner, then you need to be guided by the provisions of paragraph 1, paragraph 1, article 333.19 of the Tax Code of the Russian Federation. The amount in such a situation is much higher, since the amount of the duty depends on the value of the house.
Example : If a house costs 10 million rubles, and the plaintiff claims half, then the statement of claim indicates a price of 5 million. Based on Article 333.19 of the Tax Code of the Russian Federation, the state duty will be 0.5% of 4 million + 13,200 rubles. Total 20+13.2=33.2 thousand rubles.
Deadlines
A claim can be filed at any time when human rights are violated. In this case, as soon as the owner demands to divide the house in kind, and the other owner refuses this. The statute of limitations is almost never relevant in such a situation, but it also needs to be taken into account. If a situation occurs with a violation of the rights of one owner, then 3 years are counted from this moment, after which it will be very difficult to change anything.
Example : A house has two owners. One of them lives in the house and uses it entirely at his own discretion. The other never made any claims to the premises allotted to him. When the second decides to take back what is due to him by law, the first refuses, as he is accustomed to considering the property entirely his own. This is a reason to file a lawsuit. If the second owner does not file a lawsuit and waits, hoping for a change in the situation, in three years it will be difficult for him to prove anything. It is assumed that if a person has been satisfied with the current situation all this time, then there is no longer any reason to consider the case in court.
Counterclaim
The defendant can file a counterclaim with his own version of dividing the house or other alternative solutions, such as selling the property or exchanging it for other property. Such proposals are considered simultaneously with the main claim and the court takes them all into account.
Settlement agreement
The parties can reach an agreement after filing a claim. This is called a settlement agreement. Such a document is similar to a regular agreement, but once concluded, it is almost impossible to challenge it. That is why the signing of a settlement agreement must be approached very carefully and responsibly.
Depending on the characteristics of the property that is planned to be divided into apartments, division can be a rather complicated procedure. We invite you to discuss the issue at a free consultation with our experienced lawyers. They will help you collect all the necessary documents, draw up a statement of claim or agreement, and if necessary, they will represent your interests in court.
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How do shares arise?
Before buying half (or another part) of the house, you need to find out why exactly the part is being sold, and the history of the rights. A frequent case is when several people inherit a house, for example, in equal shares, and one of the heirs sells their share.
Also, shared ownership can arise as a result of the division of property between former spouses, the construction of a common house by agreement for several families, etc. The owner of a share has the right to own, use and dispose of his property in accordance with the law. That is, part of the house can be sold, donated or used for personal residence.
It is important to understand: if a share in kind is not allocated, disputes and disagreements will inevitably arise with neighboring co-owners. In such cases, the procedure for using shares in common property can be determined with the involvement of judicial authorities.
It is better to allocate a share physically, but this is not always possible: the allocated premises must be isolated, have independent communications and a separate entrance. This usually entails redevelopment, which is subject to official registration.
Without going to court, you can allocate a share in the common property. For this:
- Agree with co-owners on the allocation of shares.
- Rebuild the house so that it can be divided taking into account the requirements of all residents.
- Get a new registration certificate by ordering it through the Cadastral Chamber.
