Is the balcony included in the total area of the apartment: calculation, law

Citizens often wonder about the inclusion of balconies in the total area of the apartments they purchase. There are contradictions in the legislation regarding this point. Controversial issues are associated with different statements of standards in the Housing Code and SNiPs. At the same time, the issue of calculating living space is important when the buyer needs to register an apartment. The final cost depends on the correct calculation of the living space. Also, how much a citizen will ultimately pay for utilities depends on the footage.

What does the square footage of an apartment affect?

When purchasing a home, it is important to accurately calculate its square footage. This value affects such indicators as:

final price of housing;
amount of heating payments;
the amount of land tax;
calculation of the amount of housing tax;
determining the amount of tax deduction;
calculation of 1 m2 of housing during the procedure for relocating residents from a dilapidated building;
determination of housing accounting standards;
calculation of living space transferred under a social tenancy agreement;
calculation of the amount of gratuitous social payments from the state budget.

Footage is also necessary when drawing up deeds of transfer, drawing up inspection reports for living spaces, drawing up an assessment report, and allocating rooms in dormitories. This indicator is required when drawing up a registration certificate for housing and during the redevelopment procedure. This parameter is always necessary when selling real estate.

Is the loggia included in the total area of the apartment: how to take it into account when buying a home

How do area reduction factors for balconies and loggias work in practice? If the developer sells an apartment of 50 sq. m (including a balcony of 6 sq. m) at a price of 50,000 rubles per sq. m. m, then its cost is 2,500,000 rubles. If we take into account the coefficient, the balcony footage is reduced to 1.8 square meters. m, and the price is up to 2,410,000 rubles, respectively. The amount saved is noticeable for the buyer and can be used for personal needs or renovation work in the apartment.

Often, residents carry out redevelopment on their own, after which they do not legitimize it in any way or go to court to have their actions declared legal. However, the easiest way is to obtain permission from the local administration, after which you can safely begin redevelopment.

In order for a room to meet the established requirements, it must have certain parameters: Be isolated and separated from other territories That is, have a separate exit to the staircase Be located in an apartment building With more than two apartments The apartment must have access to common areas in an apartment building house To have one or more rooms - The square footage of the apartment also includes additional premises that make it possible to provide normal living and sanitary conditions for the residents.

Meanwhile, in pp. 3.36, clause 3.37 of the Instructions for accounting of the housing stock of the Russian Federation, approved by order of the Ministry of the Russian Federation for Land Policy, Construction and Housing and Communal Services dated 08/04/1998. No. 37 (hereinafter referred to as the Instructions), it is stipulated that the area of an apartment in a residential building is determined as the sum of the areas of living rooms and utility rooms without taking into account loggias, balconies, verandas, terraces and cold storage rooms, vestibules. Utility rooms include the area of kitchens, corridors, baths, toilets, built-in wardrobes, storage rooms, as well as the area occupied by the internal staircase. The total area of the apartment is determined as the sum of the areas of its premises, built-in wardrobes, as well as the areas of loggias, balconies, verandas, terraces and cold storage rooms, calculated with the following reduction factors: for loggias - 0.5; for balconies and terraces - 0.3; for verandas and cold storerooms -1.0.

However, this calculation is rather conditional. In fact, the price is determined by many factors, among which a balcony and/or loggia are not so important, such as, for example, the proximity of the metro, other transport infrastructure, shops, the prestige of the area, the year the house was built, the condition of the apartment and many others.

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.

But in Chapter 15 of the same document, Part 2, there are instructions for calculating the main area of the apartment - it is made up of the summed up areas of each part of the premises, the area of auxiliary premises that satisfy household and other needs and related to residence is also taken into account (except for balconies, loggias, terraces and verandas).

* The area of the apartment and other technical indicators, calculated for the purposes of statistical accounting and technical inventory, upon completion of construction are specified according to the rules established in the “Instructions for accounting of housing stock in the Russian Federation”, approved by Order No. 37 of 04.08.98 of the Ministry of Land Construction of Russia.

The purchase and sale agreement for real estate can specify any area of the apartment. The overall parameters of a space are often specified by developers who want to attract customers with low prices. If the contract contains general data, the cheapness will be imaginary, since the low price will be compensated by significant footage.

The term “total area of the apartment” is used in a number of regulatory documents, according to which the total area of the apartment is defined as the sum of the areas of all rooms of the apartment, built-in wardrobes and summer rooms, calculated with the following reduction factors:

SNiP standards for balconies

The provisions regarding the calculation of living space are regulated by SNiP dated 2003. There are also separate rules in the technical regulations adopted under the Law of December 30, 2009, designated 384-FZ. This law is considered a priority.

Some points regarding the calculation of living space sizes are contained in the Instructions adopted by order of the Ministry of Land Construction, number 37, dated August 4, 1998.

How is a balcony calculated in the total area of an apartment according to SNiP

SNiP does not contain precise instructions regarding whether a balcony is included in the total area of the apartment. In clause B.2.2 of the Appendix to SNiP 2003 there is a definition of the total area of the dwelling. It includes heated and unheated rooms. The latter includes the balcony area along with loggias. In this case, the footage of unheated zones is calculated with a reduction factor.

In paragraph 3.37 of the Instruction, number 37, it is stated that the total area of housing includes the footage of its premises, as well as balcony space and loggias. Verandas, storage rooms and terraces are also taken into account. The size of these premises is calculated using a reduction factor.

The 2nd Appendix to SNiP under number 2.08.01-89 also states that the total living space includes not only the area of the premises, but also balcony areas and loggias. The latter are also taken into account according to approved reduction factors.

Important! Building regulations regulate that balcony areas and loggias are included in the total living space.

Does the balcony belong to the residential part of the apartment?

SNiP distinguishes between the total living space of apartments and their living area. All SNiPs indicate that the housing area includes only premises where heating is installed, as well as the footage of all residential and auxiliary areas, but without balcony areas and loggias. The latter are classified as unheated areas of apartments. Also, Instruction number 37 does not include unheated premises as a residential area.

Attention! Current SNiPs in Russia do not classify balcony areas and loggias as living space. It includes only rooms.

How to calculate: is a loggia or balcony included in the total area of the apartment?

The issue of heating is decided individually. If radiators are installed, and in the cold season you can spend time on the loggia, then this space is classified as heated. This, of course, affects the amount of utility bills. Each square meter of additional premises will be included in the receipt for housing and communal services.

According to Appendix B (clause 2.2), supplementing SP 54.13330.2011 “Residential multi-apartment buildings”, the total area of an apartment should be understood as “the sum of the areas of its heated rooms and premises, built-in closets, as well as unheated premises, calculated with reduction factors established by the rules technical inventory". The same Appendix states that the purpose of such a calculation is statistical accounting and that same technical inventory.

interaction between government agencies and citizens - provision of housing under a social rental agreement, accounting for such premises;
interaction between owners and operating companies - charging for utility services;
management of an apartment building - its renovation, creation of an HOA, etc.

For example, a developer sells apartments of 100 m2 for 60,000 rubles per square meter. The balconies of these apartments are 4 m2, and the loggias are 6 m2. The total cost of such housing is 6,000,000 rubles. If you apply a reduction factor, you will get different numbers. The total area of the premises will be 96 and 94 m2, and the summer extensions will have a reduction factor of 1.2 and 3 m2. After recalculation, the main premises will cost 5.76 and 5.64 million, and the extensions will cost 72 and 180 thousand, respectively. The correct price of the apartments will be 5,832,000 and 5,800,000 rubles. If you apply the correct calculations, you can save up to 200,000 on your purchase.

Article 15 of the Housing Code of the Russian Federation

This law contains the concept of residential premises. It is understood as an isolated type premises classified as real estate. Moreover, it will be considered residential if people can live in it.

This law also specifies what is included in the total living space. This is stated in Art. 15 of the law, namely, in part 5. According to the Housing Code, the total footage of a residential premises includes the sum of the areas of its parts. It also includes auxiliary premises. The exception is balcony areas, loggias, as well as terraces and verandas.

Note! The residential complex does not include balcony spaces and loggias among the total living space.

Is a balcony or loggia included in the total area of the apartment?

To determine the square footage of a room, you need to measure the length of the opposite walls and multiply them. To obtain the correct result, measuring instruments should be placed at a height of 1-1.5 meters from the floor surface. Partitions are not allowed to be included in the total area.

In the Housing Code of the Russian Federation, in Art. Figure 15 shows the principle for calculating the size of an apartment. Even auxiliary premises are supposed to be included in the footage, but do not take into account the balcony with a loggia.
SNiP states that the entire area consists of zones with and without heating batteries. Moreover, a reduction factor must be applied to unheated ones.
The instructions for accounting for housing stock speak of a single area as the sum of parameters for all premises without exception. And the cost of real estate is calculated using coefficients for a loggia - 0.5, a balcony - 0.3.

All information about the parameters of the apartment, which is based on the construction project and measurements by BTI specialists, is displayed in the acceptance certificate for the object. The footage of balconies must be indicated in the papers, therefore, if desired, the indicators can be compared.

Services from public utilities are provided according to the relevant rules that are approved by current legislation. Heating services calculate fees according to the square footage of the apartment, without taking into account the square footage of balconies and loggias. According to the rules of Art. No. 354 of the Housing Code of the Russian Federation, contracts with public utilities must contain the following information:

But, as a rule, the operating organizations are not to blame. After all, rent is calculated on the basis of documentation provided by the owners. It is from the cadastral passport that the housing office takes the number of square meters and multiplies it by the tariff to calculate payment. This document is issued after signing the acceptance certificate with the construction organization.

Contradictions between the RF Housing Code and SNiP

There is a discrepancy between the requirements contained in SNiPs and the Housing Code. According to the first, the area of balcony premises is taken into account as part of the total living space, but with the mandatory inclusion of a reduction factor; according to the second, balcony areas do not belong to the general footage of apartments.

SNiPs regulate the relationships that arise between shareholders and builders of apartment buildings (MKD).

Construction companies, when selling apartments, are required to evaluate their footage together with balcony rooms, taking into account the reduction factors provided for them. They will affect the cost of all housing.

Housing complexes regulate only those relationships that arise between home owners and management companies. For this reason, the residential complex does not include balconies with loggias among the general footage of apartments.

Important! The residential complex has the status of a federal law. Its legal force is higher than that of SNiPs. Despite the obvious contradiction of these acts, citizens, developers and management organizations must be guided by the provisions of the Housing Code of the Russian Federation.

Therefore, one should rely on the fact that balcony rooms are not part of the total footage of the home.

Buyers' rights

In practice, when it comes to calculating the total cost of selling housing in a new building, not all construction companies communicate certain standards to participants in shared construction (buyers).

If in the annex to the share participation agreement (or simply the sale and purchase agreement), the area of the loggias is calculated:

with a coefficient of 0.3;
or even one to one (1/1);

then there is a violation of the legislation of the Russian Federation in terms of infringement of the rights of buyers through deliberate misleading.

Often, unscrupulous developers hide behind different interpretations of the legislative framework, deceiving shareholders. For example, that the BTI is guided by its regulatory documents, that the living space does not include a number of premises, but their footage is paid, etc.

If you became a victim of such a situation, and paid more under the share participation agreement than the footage of the housing subsequently turned out to be according to the technical passport received from the BTI, then you should contact the courts to protect your interests.

The law in such situations is always on the side of consumers, because:

Area measurements are carried out without his participation;
A bona fide purchaser is not obliged to pay for other people’s mistakes related to the correctness of measurements;
Responsibility for incorrect calculation lies with the performers.

Arbitrage 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 donate 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 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.

Author: Anastasia
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