What is included in the total living area of an apartment - the nuances of the Housing Code of the Russian Federation
Content
When purchasing a home, future owners face a dilemma: is the balcony and loggia included in the total area of the apartment? to understand this problem, it is necessary to refer to the current legislation, namely the Housing Code of the Russian Federation, Article No. 15, fifth subparagraph.
This article states that to calculate the total area of an apartment, it is necessary to sum up the square meters of the kitchen, bedrooms, living room, bathrooms, excluding the veranda, terrace, balconies, loggias.
If you refer to the set of documents on building rules and regulations (SNiP), you can find information that the calculation of the total footage of housing is based on its external boundaries.
This means that when carrying out real estate transactions, you need to be aware of such nuances and that the fundamental document is precisely the legally established Housing Code, which states what is included in the total area of the apartment.
It would be useful to know about the common term “total living space of an apartment.” According to the standards of the Housing Code of the Russian Federation, this is the name for the sum of square meters of all housing premises, that is, those values that are used when assigning utility payments.
This understanding should be clear and not be confused with the residential and useful territory of the purchased housing:
- Living space. The concept includes the total square footage of all living rooms;
- Effective area. Reflects the totality of all territories, both residential rooms and non-residential and unheated storage rooms.
Are partitions included in the total area of the apartment?
According to the current rules for designating the total footage, the total area of your apartment must be understood as the result of the addition of all square meters of its heated and unheated rooms and premises, as well as those calculated using reducing indicators.
Their meaning is adopted by law:
- 0.5 - for loggias;
- 0.3 - for balconies;
- 1.0 - for unheated terraces.
The footage of each room is determined by measuring its dimensions at a level of 1.1–1.3 m from the floor surface. Thus, various partitions and internal walls are not taken into account, and the total area of housing will be the sum of the areas of all rooms.
In this case, it is necessary to take into account the following nuances:
- if the dwelling has built-in niches from two meters high, then the aggregate calculations include this data;
- decorative arches are included in the calculation if their width is over two meters;
- The total area of your apartment also includes the area of the floor under the stairs, if any. This only applies to multi-level housing. In this case, the distance from the floor to the bottom of the stairs must be at least 1.6 meters.
Features when designing
Due to discrepancies in various legislative acts and rules and their frequent transformations, confusion arises in the definition of such a thing as the total area of housing.
Therefore, when purchasing an apartment, you need to know that all the total indicators of residential premises are reflected in the acceptance certificate issued by employees of the technical inventory bureau.
The number of square meters occupied by a loggia and a balcony is of an informational nature, and it is based on these indicators that a correlation is made between the data of the developer and the BTI.
When calculating the total area of the apartment, it is necessary to take into account whether the premises have been redesigned. This applies only to those who purchase housing on the secondary market.
If the home has been redesigned, and the balcony or loggia has become heated, then their values are automatically included in the total footage of the home. In this case, the actual area of the apartment consists of all the previously listed premises, including heated balconies and loggias.
If the redevelopment was not fundamental and the built-in premises did not become heated, then the area of the loggia or balcony should not be included in the total living space of the dwelling. Since in this case these premises are not included when calculating utility bills.
Protection of buyer rights
Concluding a transaction with a developer on the primary housing market requires special attention and knowledge from the buyer. When signing a contract, you must pay attention to the coefficients used in the calculations to determine the amount of all housing areas.
A double-check of the data and a detailed discussion of all components of the copy of the building plan must be carried out if the apartment has balconies, loggias and cold rooms.
It often happens that the buyer purchases housing that is actually smaller than what is specified in the contract. Such errors are possible when the areas of cold rooms, loggias, and balconies are calculated incorrectly.
An accurate understanding of how the reduction factor is used when calculating the square footage of individual premises will save you from misunderstandings and unpleasant surprises. If you were unable to protect yourself from such shortcomings, then only an appeal to the judicial authorities can restore justice.
When purchasing an apartment on the secondary market, you need to pay attention to the possible redevelopment of the purchased property. This must be reflected in the documents prepared.
If the previous owners insulated the protruding structures and made them part of the living space, then balconies and loggias are included in the total area of the apartment, and these square meters are taken into account when calculating utility payments.
Arbitrage practice
If we consider the totality of all court decisions, it can be noted that the court often takes the side of home buyers. This happens because when applying to judicial authorities, buyers are guided by the Housing Code of the Russian Federation.
This gives them a greater advantage over developers who rely on building codes. Thus, at the slightest suspicion of error, it is necessary to boldly demand justice.
The current legislation clearly states what the concept of total footage of housing includes. Therefore, those who have carefully studied the document have no questions about whether the balcony is included in the total area of the apartment and when the protruding structures become part of the total residential area.
But do not forget that if the balcony is a living space and is fully heated, then it must be included in the calculation of utility bills. Otherwise, the court will side with the utility employees. And you will have to pay a fairly large sum of money - a fine for unauthorized behavior.
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