AZE.US
A buyer may believe he has purchased a 100-square-meter apartment, only to discover later that the actual usable area is smaller.
The issue has become one of the recurring complaints in Azerbaijan’s new-build housing market. In some cases, construction companies include additional areas in the total square meter figure, increasing the size of the apartment on paper and the amount paid by the buyer.
Real estate expert Ramin Osmanli said the calculation of apartment area is clearly regulated under Article 59 of Azerbaijan’s Urban Planning and Construction Code.
According to Osmanli, external walls and even internal partition walls cannot be included in the apartment’s area. The measurement must be made from wall to wall, based on the internal usable space.
Window openings are also not included in the calculation. Osmanli noted that some buyers mistakenly believe such spaces should be counted, but the legally accepted calculation is based on the internal area of the apartment, excluding the baseboard section.
Balconies, terraces and loggias are calculated separately. Terraces and similar open areas are added to the total area using a coefficient of 0.3, balconies with a coefficient of 0.5, and loggias with a coefficient of 1.
The problem begins when a developer calculates the apartment’s area from the outside wall line or includes parts of the building that should not be counted as part of the property. In practice, this can leave buyers paying for square meters they do not actually receive.
Osmanli said there are cases where the area stated in the contract differs from the area shown in the official property extract by 15, 20 or even 30 square meters. For the buyer, that is not a technical detail, but a direct financial loss.
He said a buyer has the right to file a lawsuit from the moment the official extract is issued and the discrepancy becomes clear. The limitation period for such claims is 10 years.
The expert also warned construction companies that compensation may not be calculated based on the price at the time the apartment was sold. Instead, they may be required to pay compensation based on the market price at the time the claim is filed.
Osmanli said stronger oversight is needed in the construction sector to prevent such disputes. Buyers are also advised to compare the area stated in the contract with technical documents before completing a purchase and to challenge questionable measurements through legal channels when necessary.
AZE.US