Mismatched floor area and the sale of a flat
Text from 2019. Laws, rates and prices may have changed since then. Ask an agent
One of the key factors in deciding to buy a flat is its floor area. However, buyers are not always aware that the real floor area of the living space may differ from the one stated in the notarial deed (akt notarialny). What should you do if you discover such a discrepancy after buying the property? Find out more in today's article!
• Why might the floor area not match?• Having the living space measured again
• Mismatched floor area – prepare before you buy
Why might the floor area not match?
Imagine that you buy a beautiful flat with a spacious living room. There is plenty of space, so you decide to divide it with a partition wall, creating an extra room. If you decide to sell the flat in the future, you must inform the potential buyer that the living space has been reduced by the area the partition wall now occupies.
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A common issue raised by clients is a difference between the real floor area of a flat and the one given in the land and mortgage register (księga wieczysta) or in the notarial deed. By changing the layout of the rooms we may reduce the floor area of the flat, which must be taken into account when selling, especially if the price is calculated per 1m2.
If, after the purchase, the buyer discovers a difference in the living space, they may demand a price reduction under the statutory warranty for defects (rękojmia).
Having the living space measured again
It is good practice to have an additional measurement carried out by a company with the relevant qualifications. That way, when we put together the sale listing for our property, we have concrete data on its real floor area. The sale contract often addresses the claims the buyer is entitled to if a discrepancy in the floor area is found. In the vast majority of cases, a discovered difference results in a price reduction.
If, when selling the property, you informed the potential buyer about the changes made to the layout of the rooms and the reduction of the flat's real floor area, the buyer cannot demand a price reduction under the statutory warranty (rękojmia). When giving this information to the potential buyer, it is worth documenting the fact.
SEE PROPERTY LISTINGS IN MIKOŁÓW
Mismatched floor area – prepare before you buy
As the buyer, we should pay attention to our consumer rights and to whether the contract contains provisions in line with good consumer practice. It is worth looking at changes made to the layout of the rooms, which often happens when, for example, flats with interconnecting rooms are converted into ones with separate rooms. Extensions, such as dressing rooms, or adding a floor to a flat, have a real effect on the price. That is all the more reason to expect to be shown documentation that states the floor area.
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Draw on the expertise of the REMAX Gold specialists, who will help you prepare to sell your property and explain all the legal issues that will help you create an excellent sale listing. If you are a developer, you can use professional advertising tools such as HOME STAGING, which will raise prestige and attract new clients to your listings. We invite you to read the other articles on our blog, where you will find the best practices for buying and selling property.
