When it comes to an apartment, we are used to using two concepts: “total area” and “living area”. It would seem that there should be no problems with the use of these definitions: based on simple logic, the total area is the area of all the premises of the apartment, and the living area is only those that are intended for living, that is, living rooms.
It turns out that not everything is so simple. And these definitions are vague, and they are used differently in different cases. In addition, there is no document that would dot all the i’s in this matter. This creates confusion, which often leads the disputing parties to court.
We do not claim to provide an exhaustive analysis of all possible uses of these definitions. But we will characterize the most common ones.
Code and instructions
First of all, let us mention the inconsistency and incompleteness of legislation in this regard. Thus, the concept of “total area” is interpreted in several regulations, and the essence of these definitions does not coincide. The Housing Code of the Russian Federation (Article 15, paragraph 5) states: “The total area of a residential premises consists of the sum of the area of all parts of such premises, including the area of auxiliary premises intended to satisfy citizens’ household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces.” By the way, the code knows nothing at all about living space.
Text: Nadezhda Rogozhkina Photo: Alexey Alexandronok
The two legislative pillars on which regulatory functions for housing lie are:
- Housing Code of 2005.
- SNiP from 2003, known as “Residential multi-apartment buildings”.
- Federal Law No. 384 of December 30, 2009, which has priority regulation. If necessary, it cancels some points of the previous edition of SNiP from 2003 (unlike SNiP, it does not take into account the balcony in the total living area).
Important! Some provisions of the above documents were abolished by the Federal Law introduced in 2009 under number 384-F3.
Let's go through the housing code, namely its important points:
- Article 15, paragraph 5 is the basis for calculations of the total area of your home - it is equal to the sum of all areas of the apartment, also of an auxiliary nature, in which all the needs and requirements of the owner are satisfied, not taking into account the balcony, loggia, veranda, terrace.
- Article 16 - defines the types of residential premises (clause 1), which include: residential buildings or parts thereof, an apartment or part thereof, a room.
- Article 16, paragraph 3 - defines the concept of an apartment - a structural premises of a separate nature, located directly in an apartment building, with direct access to common areas, which consists of one or more rooms and auxiliary premises that satisfy the household and other needs of the owner.
According to the above SNiP, the total area put into operation of an apartment should be understood as its calculation based on external dimensions. But here there is already a direct connection of both the loggia and the balcony, etc.
- Loggia - 0.5.
- Balcony, terrace - 0.3.
- Veranda, cold storage room - 1.
However, you need to remember and understand that SNiPs are good, but the primacy of the Housing Code has not yet been canceled. This means you need to focus on it.
What is included in the total area of the apartment
- Corridor.
- Kitchen.
- Bathroom.
- Toilet.
- Bedroom(s).
- Pantry.
- Other rooms except loggia, balcony, veranda, terrace.
It will not be superfluous to have an idea about all types of areas that are in the apartment:
- General- the sum of all housing areas that must be accounted for in accordance with the Housing Code of the Russian Federation.
- Residential- the sum of the areas of living rooms that are allocated as such during the design of the building. The semantic purpose of this room is permanent residence of a person.
- Useful- in our country - this is the sum of the areas of all premises, taking into account the balcony, mezzanine, except for flights of stairs, elevator shafts, ramps and the like; abroad - the sum of only the areas used.
Is the balcony included in the total area of the apartment?
No matter how much a greedy official would like to add extra meters to the total area of your apartment, adding a balcony will not work out here. Although he, of course, will give you the SNiP of 2003 as a basis, which gives him such an opportunity, however, you calmly assert that the Housing Code of the Russian Federation should be taken as a basis for such a calculation. And it excludes the balcony from the total area of your apartment.
Are partitions included in the total area of the apartment?
Partitions come as parts of auxiliary or main premises, which, according to the Housing Code and Construction Norms and Regulations, must be included in the total area of the apartment.
Important! The distance that will be used in calculating the total area of the apartment must be measured along the perimeter of all walls at a height of 1.1 to 1.3 meters from the floor.
This includes areas:
- Niches with a height of 2 meters.
- Arched openings from 2 meters.
- Internal staircase (under it).
- Protruding structural elements.
- Heating stove.
Controversial issues
Since the current laws of our country are constantly being modified, many controversial issues arise on this issue and very often. After all, most of the nuances are regulated by various documentation and by-laws that are not accessible to the average person.
Important! All data on the characteristics of residential premises, based on the construction project and measurements of BTI employees, are displayed for reference in the object acceptance certificate.
Thus, the area of a loggia or balcony will be of a reference nature in BTI documents. Based on these indicators, a reconciliation is underway between the developer and the BTI.
Buyers' rights
When purchasing a home in a new building, upon detailed study of the drawings and design of the apartment, a logical question arises: what are the coefficients and what do they hide?
To do this, let's look at an example:
The buyer signed an agreement with the developer on shared participation, with the expectation of buying an apartment of 77 sq. m. m. Including the area of the loggia. However, in the contract there were no references to the coefficients used in the calculations and a copy of the floor plan of the building.
The apartment was put into operation, a technical passport was received. And then it happened! The actual area of the apartment was 72.5 square meters. m. The area of all rooms was included in it - 68 square meters. m. And a loggia of 4.5 sq. m. Using a coefficient of 0.5. and it turns out that for 4.5 sq. m. You overpaid. Next is the trial. And all the developer’s arguments were not accepted and he was obliged to return your money for this square footage.
Regarding the secondary housing market, redevelopment is frequent, especially by owners of apartments located on the floors of buildings. And as a result, loggias are made heated as if they were an extension of the room. And here, if previously it did not need to be included in the total area, now it is definitely yes.
And when you receive a bill for the heating network, it usually includes a calculation based on the total area of your apartment, without taking into account balconies, loggias, etc. But when your loggia becomes warm, it will definitely be included in the total area. Which, accordingly, will increase your costs for heating network services. All rooms that were previously “cold” and now have radiators powered by the central heating network will be included in the total area of the housing.
Judicial practice
Often, the courts will be on the buyer’s side, as in the above example. Which is not surprising. After all, the court was guided by the primacy of the Federal Law, despite the fact that the developer took regional acts and SNiPs as a basis. So, you don’t need to give your money, but you need to boldly go to court for your hard-earned money.
The Housing Code of the Russian Federation in force today states that that the total area of housing is the totality of all rooms and auxiliary premises of the apartment, with the exception of unheated loggias and similar premises in the form of balconies and terraces. We remember that if you decide to cheat and not pay for a heated loggia, be prepared that the court will side with the utility companies and award you a very large fine for such arbitrariness.
The majority of the Russian population lives in apartments. These real estate properties are characterized by several important parameters, one of the main ones being the number of square meters of housing.
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When calculating, certain parts of the apartment are not taken into account. It is necessary to understand what is included in the total area of an apartment in 2019, which premises are not taken into account, and what is the legislative framework for this issue.
General points
Today, calculating the total area of housing is important, especially if it is necessary to familiarize yourself with documents for living space in advance.
By paying attention to this issue in advance, you can avoid future infringement of your rights.
Let's consider the legislative norms, the basic concepts of calculation, as well as the purpose for calculating the total area of housing.
What is it
When transactions with housing are carried out, two terms are mainly used - total and living area.
At first glance, no difficulties should arise, because the general area consists of the entire territory of the apartment, and the living area includes only premises where you can live (living rooms).
However, contradictions often arise and the need to go to court. In this section we will look in detail at what area is considered total.
Today, in the process of purchasing and selling an apartment, you need to take into account its main characteristics, including the total residential square footage.
The exact determination of the housing area is considered an important nuance, since apartments are formed based on the total number of useful square meters.
In this case, reference is made to previous regulatory documents that have actually lost their legal force.
Citizens have the right to indicate to them that the above Federal Law repeals and corrects the effect of previous legislation.
Previously, before the adoption of the Federal Law, balconies and loggias were necessarily included in the overall square footage of the apartment during the preparation of technical documentation for the apartment, in particular the technical passport.
In 2019, it is prohibited to add loggias and balconies to the total area. Otherwise, this will be considered a gross violation, which will entail the need for a recalculation.
How to officially make a payment
At the legislative level, there are several ways to calculate general and residential square footage, based on the purposes for which this calculation is carried out:
Ancillary utility rooms, loggias, balconies, terraces are not taken into account in determining the living space of housing.
So, we have seen that the calculation of total and living space has a number of nuances that must be taken into account in order to comply with legal requirements.
Before purchasing a new apartment in a building, most potential buyers are confused about whether the balcony is included in the total area of the apartment. The presented circumstance is primarily due to the imperfection of the current housing legislation and terminology that is quite complex for the average person. In order to understand the questions of whether the balcony is included in the total area and how to calculate the area of the balcony, you should carefully study the requirements of the current regulations.
Regulatory framework and terminology
The housing sector of citizens is regulated by a significant number of building rules, standards and regulations enshrined at the federal level, in particular the Housing Code of the Russian Federation.
Before calculating the area of a loggia, you should clearly understand the difference between the concepts of “general” and “residential” square footage of housing, and also understand the issues of whether a balcony is included in the total area, how to calculate the total square footage in an apartment with a balcony, how to calculate the square footage of balconies and loggias according to your passport with the total area of the apartment, etc. The presented terms are enshrined in Art. 15 Housing Code of the Russian Federation. Thus, residential premises are considered to be isolated premises, which are real estate and suitable for permanent residence of citizens.
Based on the provisions of Part 5 of the above article, the total square footage of the housing stock is the sum of all areas of premises included in a particular property, including utility rooms, loggias, open terraces, balconies, etc.
- balcony and terrace coefficient – 0.3;
- loggia coefficient – 0.5;
- the coefficient of a veranda or unheated room is 1.0.
In the case of redevelopment of your living space, in particular, consolidation, when the loggia is collectively included in the total area of the apartment, along with heating, its square footage should be included in the overall indicator of living space. However, along with the visual and actual expansion of your home, you should not forget about the increase in utility bills.
Important features when calculating the area of new housing
The similarity of the terms common and living space often causes significant disputes when drawing up real estate purchase and sale agreements. The issue of calculating the nominal area arises with particular relevance when purchasing an apartment in a new building. So?
In accordance with current legislation, shared construction agreements clearly state the developer’s obligation to include in the acts a description of the apartments of all premises included in its composition. First of all, this is due to the primary design documentation for the construction of the structure.
Any construction of residential buildings, as well as a description of the procedure for including individual premises in the total area of the apartment, is carried out in strict accordance with the requirements of SNiP, drawn up on the basis of the requirements of the Housing Code of the Russian Federation. According to this regulatory documentation, as mentioned above, the calculation of the square footage of loggias, balconies, terraces and other controversial premises is carried out taking into account the corresponding reducing indicators.
A huge number of unscrupulous construction companies, when attracting a client base, often confuse future owners with their terminology, which leads to an unreasonable overpayment due to incorrect calculation of the housing area. In this regard, you should clearly understand the calculation procedures and be extremely careful when determining the cost of 1 square meter of living space.
There are several ways to calculate quadrature. Each of them differs from each other in the subject of calculation chosen as the basis:
- Determination of living space. The most rational method of calculation, since the actual area of the apartment suitable for living is calculated. The owner of the living space will not have to overpay for non-residential premises.
- Calculation of the total area of housing. The presented marketing ploy is used in most cases to attract buyers. Based on the results of the calculation made using this method, the cost per square meter will be significantly lower than the monetary equivalent in the previous case. However, under the cover of living space, you purchase non-residential square meters at the same price.
In this regard, before purchasing an apartment or other living space, it is important to first familiarize yourself with all the project documentation, as well as determine the type, size and cost of additional premises.
An example of calculating the area of a loggia and balcony
In most cases, when establishing the area of additional premises, you should refer to the documentation issued by the technical inventory bureau at the stage of registration of housing. However, there are a number of situations where the calculation of the square footage must be made before receiving the appropriate documentation for the living space, for example, when purchasing housing or in view of the future combination of several premises.
An example of calculating the area of an apartment In relation to this case, in order to find the area taking into account the reducing factor, it is necessary to take the nominal value of the quadrature of the glazed loggia and multiply it by the appropriate coefficient. The area of the loggia is 3.5 sq.m., the reduction factor for the glazed loggia is 1, thus, the total value of the area when paying is 3.5 sq.m.
However, how to calculate the area in the case of unglazed balconies. In this situation, the calculation is carried out taking into account a coefficient equal to 0.3. With a square area of 5 sq.m. the total living area for which payment must be made is 1.5 sq.m.
When making a decision, for example, about glazing additional rooms, you should initially calculate the size of the future fee. In some situations, the rent when performing such actions increases significantly.
Finding the total square footage of your living space and the area of the balcony, and also establishing whether the area of the room is included in the total area of the apartment or not is not a difficult task. To learn how to calculate the area of an apartment using an application on a smartphone, watch this video:
For their successful implementation, you should first familiarize yourself with the contents of the project and apartment documentation (certificate, passport), and also be guided by the norms of the current legislation.
