A judgment has been issued in matters concerning the method of calculating the usable floor area of residential units, which may pave the way for a wave of claims against developers.
The Warsaw–Praga Regional Court held that the developer incorrectly calculated the floor area of a residential unit by including the space beneath partition walls. As a result, the area was overstated and the buyer paid more than they should have. In its ruling, the Court ordered the developer to refund the portion of the purchase price corresponding to the area under the partition walls. The judgment is final and opens the door to further lawsuits.
ISO Standards and Usable Floor Area – Where Did the Error Occur?
The developer incorrectly applied the relevant ISO standard governing the method and standard of measuring a unit’s floor area. Under this standard, the area beneath partition walls should not be included in the total floor area of the unit.
What Can You Do if You Suspect Your Apartment’s Floor Area Was Overstated?
If you:
- purchased a residential unit from a developer in recent years,
- have doubts about the actual floor area or the correctness of the price calculation,
it is advisable to commission an appropriate analysis. An incorrect application of the standard may mean that you were charged for the area beneath partition walls — meaning you paid more than you should have.
Claims for reimbursement of amounts overpaid due to an incorrect calculation of a unit’s floor area constitute consumer claims and are subject to a six‑year limitation period from the date of the contract.
Unfair Market Practices by Developers Under UOKiK Scrutiny
Unfair market practices undertaken by developers have already become the subject of proceedings before the Office of Competition and Consumer Protection (UOKiK). As part of these proceedings, developers have been fined for incorrectly calculating the usable floor area of residential units purchased by consumers.