What is included in the total area of an apartment in 2020
- determining the amount of payment for central heating;
- calculation of the apartment owner’s share in the common property of an apartment building;
- determination of the tax base in case of payment of land tax on a plot that is in common shared ownership (in proportion to the total square footage);
- determining the base for calculating housing tax and tax deduction for citizens;
- calculating the price per square meter of total square footage in the case of transferring housing to people when
- their residential building being in disrepair and the implementation of citizen resettlement programs;
- calculation of the accounting standard for living space;
- calculating the area of an apartment, which is transferred to citizens on the basis of a social tenancy agreement or into the ownership of certain categories of citizens (disabled people, orphans, military personnel);
- determining the amount of gratuitous social payments for apartments, which are made from the federal budget.
General points
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
Point 2.2. The total area of an apartment is the sum of the areas of its heated rooms and premises, built-in closets, as well as unheated rooms, calculated with reduction factors established by the rules of technical inventory.
Is the balcony included in the total area of the apartment?
The same is said in the mandatory Appendix No. 2 to SNiP 2.08.01-89. Paragraph 2 of the Appendix states “The total area of apartments should be determined as the sum of the areas of their premises, built-in wardrobes, as well as 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 storage rooms - 1.0.”
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Should the area of a balcony or loggia be taken into account when the developer evaluates the cost of an apartment?
The answer is, it should. After all, the developer spends building materials, effort and time on its production, and any work, as we know, must be paid for. This is exactly what is stated in SNiPs and SPs, as well as in the letter of the Ministry of Regional Development of the Russian Federation dated October 9, 2009 N 33350-IP/08.
❓ Is the loggia included in the total area of the apartment.
Loggias, balconies, and terraces belong to common areas of the house and are not considered residential. They are taken into account with a reduction factor. We will tell you more about the coefficient further.
Balcony and total area of the apartment - legislative framework
To understand whether the loggia is included in the total area of the apartment, you need to study several regulations. This is the Housing Code of the Russian Federation, Code of Rules “Residential Multi-Apartment Buildings”, Order No. 37 of the Ministry of Land Construction of the Russian Federation, Federal Law of December 30, 2004 N 214-FZ.
Housing Code on balconies and loggias
The current Housing Code contains a rule that does not cause ambiguity about whether loggias and balconies are part of the apartment.
However, why do people pay for the total square footage, including the balcony, when buying a home from a developer? After all, this is standard practice when contracts for participation in shared construction indicate clauses on the cost of housing, taking into account the square footage of these technical premises.
The fact is that the Housing Code of the Russian Federation regulates other legal relations. Their list is contained in Part 1 of Art. 4. For the most part, these are relationships regarding:
- 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.
A completely opposite provision on the inclusion of loggias and balconies in the overall square footage of the apartment is contained in the Code of Rules “Residential Multi-Apartment Buildings” and the federal law on participation in shared construction.
Provisions of other legal acts
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.
For practical use, an updated version of the document is needed
To clarify the reduction factors, SP 54.13330.2011 refers to the Instructions on accounting of housing stock in Russia, approved by Order of the Ministry of Land and Construction of the Russian Federation No. 37 of 04.08.98.
- for cold storerooms and verandas - 1.0; for loggias 0.5; for balconies and terraces - 0.3.
It is easy to calculate the square footage of a loggia or balcony taking into account the coefficient. It is enough to multiply the actual footage of the room by it. Example: if the actual area of the loggia is 6 square meters. m., then adjusted for the coefficient it turns into 3 sq. m (6x0.5=3). They will be taken into account in statistical accounting and technical inventory.
The same values of the reduction coefficients are defined in Order of the Ministry of Construction of Russia dated November 25, 2016 N 854/pr (came into force on January 1, 2017). The purpose of their use in this case is to calculate the total reduced area of living space when participating in shared-equity construction of an apartment building.
Total area of the apartment - what is it?
The right of private property extends only to what is within these limits. In such a case, it is unlawful to demand payment for extra unheated meters. Naturally, there will be no complaints regarding the use of this space. But remember that you should not damage or interfere with public property, so as not to receive a fine.
What is the total square footage of housing
Study the BTI conclusions.
After the house is built, the state commission accepts the finished object. In order to deliver the property, the developer must know the exact number of square meters of construction. Local BTI specialists help with calculations and record them in documents with summary data tables. The data is divided into categories, including unheated rooms. Then BTI employees issue certificates for individual apartments with the mandatory application of a reduction factor.
Thanks for the answer ! But the logic of such a decision by legislators is incomprehensible! What is it - now it turns out that when selling an apartment there is no loggia!? And it doesn’t matter that it is decorated almost like a living space. The only difference is that it’s cold in winter!
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.
Verified by CIAN
Or is this generally of little significance for the purchase and sale of secondary housing? - not “little significant”, but not significant at all. from the point of view of pricing, only the very fact of the presence/absence of a balcony or loggia is of some importance. if you have drawn in your mind some price per square meter and are now thinking whether to add to it the area of the loggia with a coefficient of 0.7, as it was calculated before, or not, then this is complete nonsense: the market itself will regulate these illusions))
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When changes occurred in the calculation of square meters, the question became - what to pay for? In this case, is the loggia included in the area for which you will pay a fee? Yes, you will. But, in different columns. When calculating the rent, you pay for all square meters, including non-residential and unheated (in our case, the loggia). But, when paying for heating, only those rooms that are common (kitchen, toilet, corridor) are paid. And, if you find that you are being charged for heating, including for the loggia, you have the right to demand compensation for damage.
What is the area norm?
What is Article 50 of the Housing Code about?
The standard housing area is the minimum that legislation obliges citizens to allocate for living.
It should be of a size that allows citizens to live comfortably in the apartment. This is a kind of guideline for determining the standard size of an apartment, and it is also taken into account when allocating housing subsidies.
The housing subsidy is linked to this indicator. The area norm is tied to the following guidelines:
- the number of citizens living in it, the number of people in the family;
- percentage of housing provision in a particular region of the country;
- type of living space;
- other factors.
According to the standard, about 18 square meters are allocated for each citizen. For a family, this norm is 42 square meters. And for citizens who live alone - 30 square meters. All these types of residents are required to enter into a social tenancy agreement.
If citizens live in apartments that do not meet this standard, then they have the right to demand improved living conditions. The municipality is obliged to adhere to this norm.
Is the area of the loggia and balcony included in the total area of the apartment?
The SNiP of 2003 also clearly states that the minimum sizes of apartments are calculated by the area of rooms and their number, also without taking into account the area of balconies, loggias, verandas, terraces, apartment vestibules and unheated storage rooms.
Is a balcony or loggia included in the total area of the apartment?
Does the balcony count towards the total area of the apartment? This is a relevant question for many. Particularly interested in individuals buying square meters in new apartment buildings. Sales departments use a trick, selling a home with a smaller area than originally stated.
Recently, owners of apartments located on the top floors have often practiced redevelopment. As a result of such individual construction manipulations, the loggia becomes part of the heated zone of the room. Then it is definitely included in the total area of the apartment.
Is the area of a loggia or balcony taken into account when calculating fees for the maintenance and repair of premises?
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:
- address;
- area of premises heated by central heating;
- number of registered residents.
In other words, according to the contract, only heated rooms are taken, respectively, a balcony and a loggia do not apply to them if there have been no redevelopments.
The amount of payment for major repairs is determined by the total area - Art. 156 Housing Code of the Russian Federation. Therefore, the footage of the balcony does not count.
It is customary for housing and communal services to calculate the rent based on the square footage of the premises. Housing laws directly state that balconies and loggias are not included in the total area of apartments. But often property owners have many complaints against management organizations when parts of the housing not taken into account by law suddenly became part of a single footage, but they did not need to be included. Accordingly, the amount of payment for the apartment increases.
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.
Buyers of apartments are required to take a responsible approach to accepting papers during the transaction. You need to check them carefully, especially the parameters of the object of sale indicated in them. It is important that the act takes into account the area without balconies with loggias.
Only with the correct document should you visit the real estate registration service and register your right to the property. After this, the owners receive cadastral passports with the correctly calculated dimensions of the apartment.
There are cases when construction organizations insist on signing an act where the total area is calculated taking into account the loggia or balcony. Such papers can also be signed. However, before visiting the registration chamber, it is better to immediately go to the Bureau of Technical Inventory (BTI) to obtain the “correct” registration certificate for the apartment.
It is customary for BTI to work with the Housing Code. Based on this, the total footage is calculated, excluding loggias and balconies. After preparing the technical passport, you need to take all the documentation for the apartment (including the acceptance certificate) and apply for registration of the purchased property. Area indicators are written out from BTI information.
Is the balcony area included in the total area of the apartment 2020
Often, apartment owners are faced with the question: are they the direct owners of their own loggias and balconies, is the area of the balcony included in the area of the apartment? For most people, a loggia is a free place where you can store old things: children's sleighs, skis, empty cans and notebooks with notes from their studies. But, returning to your home one day, you suddenly noticed that your loggia is used not only from the inside, but also from the street side.
Let's figure out whether the loggia is included in the total area of the apartment
An apartment is a room in an apartment building that is structurally separate and provides direct access to common areas in such a building. The apartment consists of one or more rooms, as well as additional premises, which ensure the satisfaction of citizens with household and other necessities that ensure their residence (prosperous existence) in such a strictly designated room.
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Also, the question of owning a loggia may arise when you notice that the fee for the heated area of the premises has increased. Not dramatically, but the changes are noticeable. The housing office may tell you that as the owner of the apartment, you pay for its entire area, including unheated space.
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.
Is the loggia part of the apartment? Balconies and loggias
Based on paragraph 3.37 of the Instructions, it is determined by the sum of the areas of all premises, including a balcony, terrace, loggia, veranda and cold storage rooms. The latter are calculated using reduction coefficients: for balconies and terraces the coefficient is 0.3, for loggias - 0.5, and for verandas and storage rooms - 1.
To carry out reconstruction, the homeowner must develop a project. The service of a specialized organization will help with this, with the conclusion of an agreement. Author's and technical supervision of the construction process is provided.
Commentary to Art. 15 Residential Complex of the Russian Federation
1. In accordance with the most common point of view, the object of the legal relationship is what this legal relationship is about. Housing legal relations arise regarding residential premises. Therefore, Part 1 of the commented article states that the objects of housing rights are residential premises.
2. An isolated premises intended for the residence of citizens is considered residential. Traditionally, isolated premises are those that have autonomous access to common areas (corridor, hallway, landing, etc.) or to the street (see also commentary to Article 16 of the Housing Code).
3. At first glance, the indication that a residential premises is recognized as an isolated premises, which is real estate, is devoid of legal content. Moreover, by virtue of Art. 1 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Law on Registration of Rights), residential premises are classified as real estate. However, this instruction makes sense. ——————————— NW RF. 1997. N 30. Art. 3594.
Unfortunately, a considerable number of citizens still live in prefabricated houses, trailers, beams, etc. Such objects are not real estate (there is no strong connection with the land). Relations regarding their use for living are not regulated by housing legislation (in appropriate cases, the norms of civil law on property lease (lease) agreements are applied). This is precisely what is emphasized by the indication that the living quarters, i.e. a thing that is the object of housing rights is recognized as a premises related to real estate.
4. Only those premises that are suitable for permanent residence of citizens are considered residential. Here (in Part 2 of the commented article) it is explained in which cases an apartment, house and other premises are considered suitable for permanent residence - they must meet established sanitary and technical rules and regulations, and other legal requirements. To resolve the issue of compliance of a particular premises with these requirements, materials from the technical inventory bureau, sanitary and epidemiological services, conclusions of technical (and other) examinations, etc. are used.
5. The procedure for recognizing premises as residential and the requirements that residential premises must meet are established by the Government of the Russian Federation, which, by Resolution No. 47 of January 28, 2006, approved the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.
The effect of this Regulation applies to residential premises in operation located on the territory of Russia (clause 2), regardless of the form of ownership and does not apply to residential premises located in capital construction projects, the commissioning of which and registration with the state have not been carried out in in accordance with the Town Planning Code of the Russian Federation (clause 3).
6. The recognition of a premises as residential, suitable (unsuitable) for citizens to live in, as well as an apartment building as unsafe and subject to demolition or reconstruction is carried out by an interdepartmental commission created for these purposes.
Depending on the type of housing stock by form of ownership, the interdepartmental commission is created, respectively, by the federal executive body, the executive body of the subject of the Federation, or the local government body. The commission includes representatives of the body that decided to create it, as well as representatives of bodies authorized to carry out state control and supervision in the areas of sanitary-epidemiological, fire, industrial, environmental and other safety, consumer rights protection and human well-being, to carry out inventory and rehabilitation of real estate objects. Where necessary, representatives of architecture, urban planning and other relevant organizations are also involved.
The owner of the residential premises (the person authorized by him) is involved in the work of the commission with the right of an advisory vote, and, in necessary cases, experts from design and survey organizations with the right of a casting vote.
A representative of the body that made the decision to create it is appointed as the chairman of the commission (clause 7 of the said Regulations).
A local government body has the right to make a decision on recognizing private residential premises located on the relevant territory as suitable (unsuitable) for citizens to live in and delegate to an interdepartmental commission the authority to assess the compliance of these premises with established requirements and to make a decision on recognizing these premises as suitable (unsuitable) for living. citizens (clause 8 of the Regulations). ——————————— The given instructions on the powers of the interdepartmental commission contained in the Regulations under consideration appear to be contrary to the law. Thus, the recognition of residential premises of the housing stock of a subject of the Federation as unsuitable for habitation is the responsibility of the state authorities of the subject of the Federation (Clause 6, Article 13 of the Housing Code). The recognition of residential premises of the municipal housing stock as unsuitable for habitation must be carried out by local government bodies (clause 8, part 1, article 14 of the Housing Code). It is clear that the interdepartmental commission cannot be considered either a state authority or a local government body (strangely, the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 refers to this commission as a body (clause 22)).
7. The said Regulations define in sufficient detail for an act of this level the requirements that a residential premises must meet. In particular, requirements are formulated for the load-bearing and enclosing structures of residential premises (clause 10), the arrangement and equipment of residential premises and the common property of premises owners in an apartment building (primarily in order to prevent the risk of injury, ensure the convenience and safety of movement and accommodation (clause 11)), engineering systems (clauses 12 - 14), etc. The regulation stipulates that residential premises, as well as premises that are part of the common property of premises owners in an apartment building, must be protected from the penetration of rain, melt and ground water and possible domestic water leaks from engineering systems (clause 16); access to residential premises located in an apartment building above the fifth floor, with the exception of the attic floor, must be provided using an elevator (clause 17); placement of residential premises in the basement and ground floors is not allowed (clause 23); placement of a toilet, bathroom (shower) and kitchen above the rooms is not allowed (equipment of a toilet, bathroom (shower) on the upper level above the kitchen is possible in apartments located on two levels (clause 24), etc.
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The Regulations also contain requirements for space-planning solutions for residential premises (clause 20), insolation (clause 21), height of premises (clause 22), electric field strength, magnetic field induction (clause 30), etc. At the same time Regulatory and technical instructions are often formulated. Thus, in a living room at a distance of 0.2 m from walls and windows and at a height of 0.5 - 1.8 m from the floor, the electric field strength of an industrial frequency of 50 Hz and the magnetic field induction of an industrial frequency of 50 Hz should not exceed 0.5, respectively kV/m and 10 µT (item 30); inside a residential premises, the equivalent radiation dose rate should not exceed the dose rate permissible for an open area by more than 0.3 μSv/h, and the average annual volumetric activity of radon in the air of operated premises should not exceed 200 Bq/cubic meter. m (clause 31).
Naturally, reference standards are also used to determine the requirements that residential premises must meet. Thus, in a residential area, permissible levels of vibration from internal and external sources during the day and at night must correspond to the values established in the current regulatory legal acts (clause 27). Similar guidance is given regarding the permissible level of infrasound (clause 28).
In some cases, requirements are defined by reference while setting a limit. For example, in a residential building, permissible sound pressure levels in octane frequency bands, equivalent and maximum sound and penetrating noise levels must correspond to the values established in regulatory legal acts, and not exceed the maximum permissible sound level in rooms and apartments during the daytime - 55 dB , at night - 45 dB (p. 26).
Sometimes requirements for residential premises are formulated using rating categories. Thus, the load-bearing and enclosing structures of a residential premises must be in a working condition in which violations that arise during operation, in particular deformability (and in reinforced concrete structures - crack resistance), do not lead to disruption of the operability and load-bearing capacity of the structures, the reliability of the residential building and ensure safe stay of citizens and safety of engineering equipment (clause 10).
Thus, determining whether a premises meets the requirements for residential premises is a rather complex process. You have to refer to a large number of regulations, conduct examinations, measurements, etc. and so on.
8. In the case when a residential house (building) is erected in accordance with the procedure established by law and put into operation, such an act as recognizing this house (premises located in it) as residential (residential) is not required. Recognition of a premises as residential in this case is limited to actions that mediate its commissioning (including checking whether it meets the requirements for residential premises), state registration and state registration of the right to it (as a residential premises).
From the above it follows that the rules contained in the above-mentioned Regulations, approved in pursuance of the instructions of Parts 3 and 4 of the commented article, apply in the following cases.
Firstly, when deciding on the transfer of non-residential premises to residential ones. In particular, such a transfer is unacceptable if the corresponding premises do not meet the established requirements or there is no opportunity to ensure compliance with the requirements (Part 4 of Article 22 of the Housing Code).
Secondly, when establishing whether the premises used as housing and, from a legal point of view, are considered residential premises, are suitable for living.
Thirdly, when deciding on the recognition of an apartment building in operation as unsafe and subject to demolition.
9. Earlier we talked about the objective, relatively speaking, grounds for recognizing residential premises as suitable (unsuitable) for living. Apparently, it is also necessary to highlight subjective circumstances that may indicate the suitability (or unsuitability) of a particular residential premises for the residence of specific persons. The Regulations, in particular, establish that separate residential premises may be considered unsuitable for residence of “disabled people and other low-mobility groups of the population who use wheelchairs due to illness” (clause 54). It seems that residential premises should be recognized as unsuitable for living by certain categories of citizens in the presence of “medical criteria”, regardless of whether wheelchairs are required, whether these citizens have them and whether they use them.
10. Summarizing what was stated when commenting on the rules contained in parts 3, 4 of this article, it can be noted that the basis for declaring a residential premises unsuitable for habitation is the presence of identified harmful factors in the human environment that do not allow ensuring the safety of life and health of citizens due to deterioration of the building as a whole or its individual parts, operational characteristics leading to a decrease in the reliability of the building, the strength and stability of building structures and foundations to an unacceptable level.
Residential premises that have a high percentage of physical wear and tear are considered unsuitable for living; located in sanitary protection, fire and explosion hazardous industrial zones, in hazardous areas of rock dumps of coal, shale mines and processing plants, areas of landslides, mudflows and snow avalanches, in territories annually flooded by flood waters; after an accident, fire, natural or man-made disaster, if restoration work is technically impossible or impractical from an economic point of view, etc.
11. In previous legislation, legal significance was usually attached not to the entire (total) area of an apartment or residential building, but only to the living area. It included only the area of the actual living quarters (rooms) and did not take into account the area of the hallway, corridor, kitchen, bathroom, etc. (according to previously accepted terminology - “utility rooms and common areas”). Currently, these facilities are referred to in the Housing Code of the Russian Federation (including in Part 5 of the commented article) as “premises for auxiliary use, intended to satisfy citizens’ household and other needs.” For example, housing was provided within the standard living area, i.e. no more than 12 sq. m of living space for each family member (Article 40 of the RSFSR Housing Code). Only living space was paid (the size of utility rooms and common areas did not matter).
In recent years, in various legal acts (including federal laws), legal significance has increasingly been given not to residential space, but to the total area of residential premises (apartments, houses). In the Housing Code of the Russian Federation, this trend has received complete design. Thus, the accounting norm and the provision norm are established based on the total (and not residential) area of the residential premises (see Article 50 of the Housing Code and the corresponding commentary). The amount of payment for rent, maintenance and repair of residential premises for tenants under social tenancy agreements and commercial rental agreements for residential premises of state and municipal housing funds is determined based on the occupied total area of the residential premises (see Part 2 of Article 156 of the Housing Code and commentary to her).
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In this regard, it is necessary to establish what is included in the total area of an apartment or other object of housing rights. This problem is solved in part 5 of the commented article. The essence of the norm contained in it is that the total area includes everything that forms a given object of housing rights (living rooms, hallway, corridor, kitchen, dressing room, bathroom, toilet, etc.), with the exception of the objects indicated here (balconies , loggias, verandas and terraces). The list of exceptions is formulated imperatively and as exhaustive, i.e. no other federal law, other legal act or agreement can change or supplement it.
Is a balcony or loggia included in the total area of the apartment?
A completely opposite provision on the inclusion of loggias and balconies in the overall square footage of the apartment is contained in the Code of Rules “Residential Multi-Apartment Buildings” and the federal law on participation in shared construction.
Buyers' rights
If we are talking about an extension on the ground floor, then according to the law it will not be easy to do it. It is necessary to obtain permission from the authorized body for urban planning and architecture. However, there is no guarantee that you will receive a positive response.
If a tenant ignores the letter of the law and still decides to build an extension without permission, it will be considered a violation. Moreover, such structures will be subject to demolition if they are not legalized. The violator will be held administratively liable, but in court he has every chance to defend his right if the examination does not reveal any violations during construction.
The owners decide to carry out reconstruction in order to expand the area of their own housing. Reconstruction is a set of works that can improve the performance of residential premises and the quality of life of the owners. It is carried out by attaching an additional structure, redevelopment, superstructure, refurbishment and installation. All work is carried out in accordance with regulatory and technical requirements.
