How Should the Apartment Area Be Calculated in a Multi-Storey Residential Building?
Valyuta.az presents an article by Qasım Q. Shaliyev, a member of the Bar Association of the Republic of Azerbaijan, in the section "Legal Neighborhood", titled "How Should the Apartment Area Be Calculated in a Multi-Storey Residential Building (New Constructions)?"
In our country, improving housing conditions has always been one of the top priorities for people. Unlike in many foreign countries, where people may rent apartments throughout their lives without seeing it as a problem, Azerbaijanis strongly believe in owning a home, even if it is a small one. Even during the Soviet era, this mindset was prevalent. For instance, Coco Chanel, who revolutionized the fashion world, spent almost her entire life living in hotels.
This strong demand for homeownership has been recognized by the business world, leading to a construction boom in Azerbaijan over the past 15–20 years. Many visitors to Baku often comment on how the architectural solutions of newly built residential buildings, blending Eastern classical styles with Western modernity, add unique beauty to our city.
However, what often begins as a positive relationship between construction companies and apartment buyers frequently ends in serious disputes. The primary agreement in such transactions is typically a construction contract, where the developer commits to delivering an apartment of a specified size, and the buyer commits to paying based on the square meter price.
However, once construction is completed, many buyers find that the actual apartment size differs significantly from what was agreed upon in the contract, leading to disputes.
Previously, there were legal gaps in this area, but since 2013, the Urban Planning and Construction Code has established clear regulations.
According to Article 59.2 of the Code, the total area of an apartment in a residential building includes:
- Rooms
- Bathrooms
- Kitchens
- Hallways
- Loggias, balconies, glazed balconies, and terraces.
According to Article 59.3, the total apartment area does not include:
- Exterior and interior walls
- Areas occupied by railings
- Areas occupied by fireplaces (stoves).
Despite these clear legal provisions, many buyers still face issues because developers include exterior and partition walls in the total apartment size, leading to significant discrepancies (sometimes over 10 m²) between the contract and the official registration in the state property registry. This means buyers end up paying for square meters they do not actually own.
To avoid such risks, buyers should:
- Not rush into signing contracts with construction companies,
- Carefully review all terms,
- Consult a lawyer if necessary,
- Ensure that the calculation method for the apartment size is explicitly stated in the contract before signing.
Remember, a contract is a written agreement reflecting the mutual consent of both parties, and its terms should be clearly defined to prevent future disputes.
As a lawyer, I strongly advise buyers to carefully negotiate and clarify all legal aspects before purchasing an apartment. A well-drafted contract today can save you from financial losses, legal battles, and unnecessary stress in the future.