AZE.US
Apartment buyers in Azerbaijan may seek compensation if the actual size of their property is smaller than the area stated in the purchase agreement.
In some cases, the discrepancy reaches 10–12 square meters. A buyer may pay for a 100-square-meter apartment, equivalent to about 1,076 square feet, but receive a property measuring only 90 square meters, or approximately 969 square feet.
Vugar Oruj, chairman of the Azerbaijan Society of Appraisers, said the problem often stems from different measurement methods used by developers and the State Real Estate Registry.
The discrepancy may emerge only after the apartment is measured again or an official property extract is issued. If the buyer did not receive the full area specified and paid for in the contract, they may take the developer to court and seek compensation for the missing square meters.
Attorney Samir Gasimov said such disputes have become increasingly common in Azerbaijani courts. However, a difference between the contract and the property extract does not always mean the developer violated the law.
The contract must first be examined to determine whether the apartment’s area was calculated along the inner or outer walls. If exterior and interior walls were included, a difference between the gross and usable floor area may be legitimate.
Balconies, utility shafts and certain other spaces may also be calculated using special coefficients when the official property extract is prepared.
If the discrepancy cannot be justified under the contract, the buyer should obtain a technical assessment from a licensed appraisal company confirming the apartment’s actual size. The report can then be attached to a lawsuit filed against the housing cooperative or developer.
The court may order an additional expert examination. If the shortfall is confirmed, it may require the developer to reimburse the buyer for the missing area.
According to Gasimov, such a claim should be filed within five years of the property purchase. After that period expires, the court may decline to award compensation.
AZE.US