In many cases, citizens who purchase apartments think that the construction company has breached its obligation when they see that the area indicated in the deed (extract) is smaller than the size stated in the contract. However, according to the explanation of the Supreme Court, the main criterion in such disputes is the terms of the contract concluded between the parties.
“Elchi” reports that if the method of calculating the area is specified separately in the contract, the matter is evaluated in accordance with those terms. In the absence of such an agreement, the indicator taken as the basis is considered to be the actual working area of the apartment. If this area matches the size indicated in the contract during measurement, the company is considered to have fulfilled its obligation. If it is determined that the actual area is smaller, this is assessed as defective performance of the contract.
The Supreme Court emphasizes that the total area noted in the deed is calculated based on urban planning standards, and parts such as balconies and terraces are taken into account with a coefficient of 0.3. Therefore, the fact that the area in the deed is smaller solely due to this calculation difference does not mean that the construction company has breached the contract.
If the actual shortage of area is confirmed, the buyer can demand payment for the value of the missing square meters. The compensation amount is determined based on market prices at the time the claim is considered. The statute of limitations for filing a lawsuit for such claims is 5 years from the date the apartment is handed over. (milli.az)