Overstated apartment size – how to recover even tens of thousands of zlotys from the developer?
In the face of dynamic increases in real estate prices on the Polish market, each missing square meter is a serious financial loss. Did you know that you can recover up to tens of thousands of zlotys from the developer in case of incorrect or unreliable calculation of the area? At Dowlegal Law Firm, we specialize in successful consumer redress, helping hundreds of people protect their rights. Below we explain how you can check if you are paying for a fictitious square footage, and what steps to take to recover your money.
Developers save money on your square footage – don’t be fooled!
In recent years, housing prices have risen by a dozen or even tens of percent, making every square meter of space of great importance. Unfortunately, developers in their practice often:
- They use outdated standards, such as PN-ISO 9836:1997, instead of the current 2015 standards, which allow for more precise area calculations,
- They include non-existent meters in the area of the property, such as load-bearing walls or an excessively large part of the balcony,
- They are ignoring new regulations, like the 2020 Development Minister’s Decree, which tightens requirements for developers to measure space.
With current market prices amounting to as much as PLN 20,000 per square meter in Poland’s larger cities, a difference in square footage of 3-4 square meters could mean that you overpaid the developer by as much as PLN 80,000! Therefore, it is worthwhile to analyze your contract in detail and make sure that the area of the apartment was calculated in accordance with current standards.
Methods of measuring the floor area of apartments and houses
Before you start analyzing the actual area of your apartment or house, it’s worth learning how exactly measurements are made in this regard. Over the years, the rules of measurement have changed, and the current standard is PN-ISO 9836:2015-12, which precisely defines the rules for measuring the usable area and calculations related to the cubic capacity of buildings.
According to this standard, usable area is measured at floor level, in the premises after finishing, to the nearest 0.01 m². The rules for calculating area change depending on the type of premises:
- Rooms with sloping ceilings: If the height of the room is at least 1.9 m, then the entire floor area is included in the calculation (100% of the area). If the height is below 1.9 m, then this part of the room is considered an auxiliary area, which is not included in the total floor area.
- Area of door and window openings: Door and window openings, as well as niches in closing elements, are not included in the calculations.
- Space under elements that can be easily removed: Elements such as partitions or pipes must be included in the calculation.
It is worth mentioning that in the past the measurement of the area under the haunches was slightly different, so it is good to familiarize yourself with the current guidelines to avoid confusion.
Expert when in doubt
If there is any ambiguity about the accuracy of the measurement, it is advisable to use an expert, who, if necessary, will also be appointed by the court to accurately calculate the actual area of the apartment or house.
Remember ! You have the right to report any discrepancies in the usable area of the property within 5 years of its purchase from the developer, in accordance with the warranty regulations. This is an important period in which you can demand repairs if it turns out that the actual area deviates from that declared by the developer !!!
How to get your money back? Step by step:
If you suspect that your metric is overstated, here’s how you can get your money back:
- Contact us and we will conduct a free analysis of the documentation – our lawyers will thoroughly review the contract and all documentation related to the purchase of the apartment to assess its compliance with applicable standards and laws.
- Expertise- Before filing a claim against a developer, the assessment of a construction specialist is crucial. As a law firm, we commission an accurate measurement of the actual area of the apartment by qualified experts who will accurately determine whether the developer used the correct measurement methodology in accordance with applicable standards.
- Negotiations with the developer – as a law firm, we will attempt to reach a favorable settlement with the developer, seeking to resolve the matter amicably, without the need to initiate court proceedings.
- Legal proceedings – in case of failure to reach an agreement during negotiations, we take the decision to take the case to court, striving to fully protect your rights and interests.
Why choose Dowlegal Law Firm?
Dowlegal Law Firm has many years of experience in handling real estate cases, which enables us to effectively protect the interests of our clients. Here are the reasons why you should trust us:
- 18 years of experience in representing the legal interests of consumers,
- Hundreds of cases won and millions of zlotys recovered on behalf of our clients,
- Transparent remuneration – from the first analysis we present clear financial terms, so you can be sure that we will not add any additional fees beyond the agreed amount in the cooperation agreement,
- Specialization in consumer protection – we understand the mechanisms of developers and effectively fight for your rights.
With our experience and knowledge, you can count on professional support at every stage of the proceedings.
Don’t let the developer make money from your ignorance!
Every square meter is of great importance in this era of rising housing prices. Check whether your apartment has been overpriced in terms of square footage, and get back what you deserve with us.
Frequently asked questions
How can I check if the area of my apartment has been overstated?
It is worth paying attention to how the developer measures the square footage, which is included in the contract. You can use our free document analysis, where our lawyers will carefully check whether the area has been calculated in accordance with current standards, such as PN-ISO 9836:2015-12.
What is PN-ISO 9836:2015-12 and how does it affect area measurement?
The PN-ISO 9836:2015-12 standard precisely defines what should be taken into account when measuring floor area. According to it, the measurement is made at floor level, after the completion of the premises, with an accuracy of 0.01 m². It is important for the developer to follow this standard so that calculations are accurate and fair.
What elements can be omitted from the area calculation?
According to the standard, the area of door and window openings, niches in enclosing elements, and the space under elements that can be easily removed, such as partitions and pipes, are not taken into account. However, the area under the haunches can be interpreted differently, depending on the height of the room.
What if I notice a discrepancy in the area of the apartment?
You have the right to report any discrepancies in the usable area of the property within 5 years from the purchase of the property from the developer, in accordance with the warranty regulations. If you discover that the actual area of the apartment is smaller than declared by the developer, you can pursue a claim.
What steps should be taken to recover the overpaid amount?
If you suspect that you have underpaid for the area, follow these steps:
- Contact us and we will conduct a free documentation analysis.
- Let’s get an expert opinion from an expert who will accurately measure the actual area of the apartment.
- Let’s move on to negotiating with the developer to obtain a settlement.
- If negotiations are unsuccessful, we will take legal action to recover your money.
What if the developer refuses to refund the overpayment?
In the event that the developer does not agree to return the overpaid amount, we will continue the process through the courts.
What are the chances of recovering the money?
Thanks to our experience and specialization in consumer protection, we have a high success rate in such cases. Working with us, you have a chance to recover up to tens of thousands of zlotys if the area of the apartment was miscalculated.
How soon can I expect the case to be resolved?
The length of the process depends on the nature of the case and its complexity. In the case of a settlement with the developer, cases usually settle more quickly, but if litigation is necessary, the process can take from several months to several years, depending on the court and the circumstances of the case.
