{"id":16189,"date":"2016-08-24T11:56:20","date_gmt":"2016-08-24T11:56:20","guid":{"rendered":"https:\/\/resources.geodetic.co\/?p=16189"},"modified":"2017-10-18T12:47:47","modified_gmt":"2017-10-18T12:47:47","slug":"check-whether-your-investment-has-a-properly-calculated-building-area","status":"publish","type":"post","link":"https:\/\/resources.geodetic.co\/en\/check-whether-your-investment-has-a-properly-calculated-building-area\/","title":{"rendered":"Check whether your investment has a properly calculated building area"},"content":{"rendered":"

[vc_row][vc_column 0=””][vc_column_text]Building area – in legislation, in practice, in court judgments and like an absurd<\/strong><\/p>\n

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It is widely known that investors, and what follows architects, would rather use a method of calculating the building area that doesn\u2019t include all kinds of bay windows, stairs or other elements in the said area. They\u2019d like the m2<\/sup> of the building area to be just the building alone. However, the administrative authorities have a different approach. That\u2019s why it\u2019s crucial to properly depict the building area during the investment process. As it turns out, despite the best intentions to act in compliance with the law, it can be difficult. It\u2019s a result of the many differences, which along with many amendments to legal regulations result in a lot of absurd, also present in this area.<\/strong><\/p>\n

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Two standards and a comment<\/strong><\/h3>\n

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Up until 2015 the PN-ISO 9836:1997 standard dealt with the building area. According to the Polish Committee for Standardization (PKN), the PN-ISO 9836:1997 standard was replaced by the PN-ISO 9836:2015-12 norm. However, because the PN-ISO 9836:1997 still figures in the ordinance on the detailed form and range of a building project, architects are still using the old standard when calculating the building area of a building project. Pay attention to the fact that besides the PN-ISO 9836:1997 norm (which doesn\u2019t contain much information), an extended version of it was published in 2002 – there we will find a more detailed description on the issues described in the standard. A comment on the norm also allows clearing up the inconsistencies appearing in the norm – that\u2019s what we will begin with.<\/p>\n

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The building area on your lot<\/strong><\/span><\/h2>\n

How do you calculate it in accordance with the law?<\/strong><\/span><\/h3>\n

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The PN-ISO 9836:1997 standard<\/strong><\/h3>\n

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Pt 5.1.2.1 \u201cA building area is understood as an area taken up by a building in the finished state\u201d – in this case you\u2019d need to outline the building at the point where it meets the ground, resulting in an area. It\u2019s the point where the first mistake can be made, because the outline of the sockle is always smaller than the outline of the ground level walls surface. Everyone has surely noticed that the essential building insulation ends (or maybe begins) at about 50-80 cm above ground.<\/p>\n

Pt 5.1.2.2 \u201cThe building area is established by vertically projecting the building\u2019s outer edges on the ground surface\u201d – here we have an approach that\u2019s completely different from the above. Both points are next to each other in the norm, and in practice result in such large differences. According to this point you need to include the most protruding part of a storey in the building area, so you need to include each level.<\/p>\n

Later in that point it is said that the following are excluded from the building area:<\/p>\n

– Building elements or element parts that do not rise above the ground level (so underground garages, which are frequently much larger than the building, but are not included in the building area)<\/p>\n

– Secondary elements: eaves, ramp\u2019s outer stairs, outside lighting, ramps<\/p>\n

– Gazebos, greenhouses, sheds, but only separate ones – so in my understanding, ones that have a separate entrance and are separated from the main building\u2019s walls.<\/p>\n

As you can see, the standard itself gives us two possible approaches to area measurement. Let\u2019s suppose that the upper levels overhang (extend over the ground floor outline), and there is grass below them. If we combined the points of the second approach, it\u2019d later turn out after adding together the biologically active and paved areas that the lot area is \u201ctoo small\u201d, because the building area and the biologically active area were doubled.<\/p>\n

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The comment to the standard published by the Polish Committee for Standardization (PKN) in 2002<\/strong><\/h3>\n

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According to this edition of the norm, a building area is a result of projecting the building block (outer edges\/walls) in the finished state (so including all kinds of bay windows) on the ground level. It\u2019s important that we take under consideration all the levels above the ground level (you can see it clearly in the drawings attached to the comment). It\u2019s often the higher levels that increase the building area. As an example, if there are some doorways and passages on the ground level, they will be included in the building area anyway because of the higher level projection. Bay windows, as elements enclosed by walls, are included in the building area. From the above you can see that the approach from the pt 5.1.2.2 is the \u201cwinning\u201d one. The comment also provides more detail about the elements excluded from the building area. The norm (the comment is a norm published by the PKN) shows that non-enclosed elements are not included in the building area, meaning balconies (the balcony platform protrudes from the building) and loggias (an \u201cindoor\u201d balcony). Elements not rising above the ground level are not included in the area either. Greenhouses and sheds are not part of the area either – but they have to be treated as a separate object then. For a geodesist, who decides about the property record card, an object is separate when the building and the object both have independent walls. There can be some kind of an expansion joint between the walls, or the walls can be adherent. If there\u2019s a single wall, or the objects are connected by some kind of passageway, they should be treated as one object, with one larger building area. In the comment to the norm there is a rant about secondary elements that are not included in the area. The PKN on the other hand doesn\u2019t specify very clearly what is a secondary (not included in the building area), and what a major element. From graphic examples of this issue you can see that not included in the area are: stairs, eaves, skylights, drains. The norm speaks about a ramp that reaches up to the first floor. It\u2019s a \u201cconsiderable\u201d secondary element then, which in this case would be considered a part of the building, so according to the standard it would increase the building area.<\/p>\n

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A standard for the standard<\/strong><\/h3>\n

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PN-ISO 9836:2015-12 – this standard came into force on December 10th 2015, replacing the<\/p>\n

PN-ISO 9836:1997 standard – but only theoretically. According to the Act on normalization art. 5 pt. 1, a Polish standard is a national standard, adopted by consensus and accepted by a national normalization unit, commonly accessible, identified – on an exclusive basis – by the PN symbol. However, in the ordinance on the detailed range and form of a building project, the mentioned standard is still the PN-ISO 9836:1997 norm.<\/p>\n

The \u201c2015-12\u201d standard describes issues about the building area as an area established by calculating the outline projection of the outer walls of the building in the finished state. The area should be given in m2<\/sup>, with an accuracy of 0,01m2<\/sup>. A geodesist, when measuring according to this standard, shouldn\u2019t include the following in the area:<\/p>\n

– Building parts that don\u2019t rise above the ground level<\/p>\n

– Roofs, eaves, outside stairs, ramps, awnings – it needs to be said that in the norm it\u2019s an open, \u201cfor example\u201d list, to which I\u2019d also add terraces and balconies (as non-enclosed elements)<\/p>\n

– However, it is problematic to exclude assisting objects, which the standard describes as e.g. (an open list) greenhouses and outbuildings.<\/p>\n

I was once measuring an outbuilding in Konstancin (Polish Beverly Hills) because it was about 100 years younger than the building, additionally it was a \u201cgreenhouse\u201d. The owners called it a sunroom. I included it in the building area because I am bound by geodetic laws (this \u201cgreenhouse\u201d was connected by an open doorway with the rest of the building).<\/p>\n

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Geodetic inventory\/the area on the extracts from building registers<\/strong><\/h3>\n

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The ordinance of the Minister of Regional Development and Construction of 29\/03\/2001 on land and building records<\/p>\n

– 63 The ordinance by the term \u201cbuilding surface area\u201d means: the surface area of a geometric figure defined as a numerical description of an outline established by a rectangular projection on the horizontal plane of an exterior wall\u2019s outside planes on a building\u2019s ground floor level, and for buildings on pillars, the level based on those pillars. By adding a pillar on a storey you\u2019d increase the building area by that pillar supported storey\u2019s wall outline.<\/p>\n

The old Ciech building was an inverted Christmas tree, so the building area was rather small compared to the highest floor area (obviously speaking here about a geodetic building area, not an architectural one).<\/p>\n

The G5 instruction – land and building records – to the above ordinance<\/strong><\/p>\n

Pt 7. \u201cBuilding surface area\u201d is determined based on a numerical description of a building\u2019s outline, which is established based on geodetic or photogrammetric land measurements, and also based on a digitalization created in a numerical cadastral map environment; this area is given in m2<\/sup> with the accuracy of 1m2<\/sup>.<\/p>\n

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A bit of \u201cmodern\u201d history<\/strong><\/h3>\n

ntegral part of the agreement<\/strong><\/h3>\n

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PN-70\/B-02365 is currently a fully archival standard (out of use). Its approach to building area was completely different. The area was established by outlining everything on the ground level – so stairs and terraces were also part of the building area, also treated as an enclosed area measured on the outside outline of the exterior walls. If a level outline exceeds the ground floor outline, the projection of that floor is also included in the building area. Additionally, garage entrances, ramps and other building parts that were directly on the ground were also included in the area, confirmed by the phrase \u201ceverything on the ground level\u201d.<\/p>\n

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Standards and comments aside, what about courts?<\/strong><\/h3>\n

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Below I present a collection of the most important aspects of a few court judgments speaking about the topic.<\/p>\n

Judgment of the Regional Administrative Court (Wojew\u00f3dzki S\u0105d Administracyjny) in Pozna\u0144 (IV SA\/Po 1226\/12)<\/strong> of 26.03.2013:<\/p>\n

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  • \u00a0\u201cThe building area is not defined by the building code laws\u201d<\/li>\n
  • \u201cIn the \u00a7 8 Act 2 pt 9 of the ordinance of the Minister of Transport, Construction and Maritime Economy of April 25th 2012 on the detailed range and form of a building project (Dz. U. of 2012 Nr 462) it is said that the description part of a lot management project should contain for buildings – the building area, spoken about in point 4, established according to the rules in the Polish Norm on the topic of defining and calculating the surface and cubature indicators, mentioned in the ordinance attachment. The authority pointed out further that the term is defined in the Polish Norm PN-ISO 9836\u201d – the PN-ISO 9836:1997 standard is implicated.<\/li>\n<\/ul>\n
      \n
    • \u00a0\u201cBuilding code laws (Dz. U. of 2006 Nr 156, poz 1118 with later changes). Polish norms are not a legal regulation, however from the goals and rules because of which the collection of Polish Norms was created, and also from the legal basis contained in the art. 2 pt 3, 4 and 5 from the Act of September 12th 2002 on normalization (Dz. U. Nr 169, poz 1386 with later changes), comes the conclusion that the term \u201cnorm\u201d is understood as a document accepted by consensus and by an authorized unit, proclaiming the document as commonly and repeatedly usable – rules, guidelines or characteristics referring to the different kinds of activities and their results, and aiming to reach an optimal status of arrangement in a particular field (judgment of the Supreme Administrative Court (NSA) of May 6th 2008 act signature I OSK 785\/07, publ. orzeczenia.nsa.gov.pl)\u201d<\/li>\n
    • \u201cThe above means that the term \u201cbuilding area\u201d, undefined in the Act, should have the same definition as the one officially assigned to this parameter in the according Polish<\/li>\n<\/ul>\n

      Norm. According to the point 5.1.2.2 of the Norm.\u201d Practice shows that the approach of projecting the whole building block has won here. Obviously, it has won in the architecture field (building permit). For me, as a geodesist, this judgment is “not interesting” for geodetic purposes.<\/p>\n

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      Judgment of the Regional Administrative Court (Wojew\u00f3dzki S\u0105d Administracyjny) in Pozna\u0144 (IV SA\/Po 648\/11)<\/strong> of 27.10.2011<\/p>\n

      Below are the best fragments:<\/p>\n

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      • \u00a0\u201cThe legislator recognizes the building area as one of the characteristic parameters usable in construction (art.3 pt 7a, art.36 act 5 pt.2, building code law) and does not define it, referring to everyday language meaning rules (judgment of the Supreme Administrative Court (NSA) of 04.03.2010, II OSK 439\/09, accepted by W. Pi\u0105tka in: red. A. Gliniecki, Building code laws. A comment (Prawo budowlane. Komentarz), LexisNexis 2012, pages 35-36, pt 12). There is a perception in Administrative Court jurisdiction that the characteristic parameters in construction are defined by the Polish PN-ISO 9836 norm, which admittedly isn\u2019t a norm regulation, however being a document accepted by consensus and by an authorized unit, containing rules and guidelines with the purpose of reaching an optimal level of arrangement in a given field, it is a meaningful source based on which the term \u201cbuilding area\u201d should be defined. As an example – the judgment of the Regional Administrative Court (WSA) in Pozna\u0144 of 05.05.2012 (II SA\/Po 58\/10; 24.03.2011, IV SA\/Po 1068\/10). In the light of the contents of the Polish Standard PN-ISO 9836, a summer house\u2019s area is a building area. The same applies to a roofed terrace with the dimensions […] x […] m, its area should be included in the building area as well. It is not a secondary building element, as it determines the object\u2019s outer edges in the vertical projection.\u201d<\/li>\n<\/ul>\n

        My comment: point 4.1 in the PN-ISO 9836:1997 norm says \u201cbuilding area – an area occupied by a finished building, determined by a vertical projection of the building\u2019s exterior walls outer outline on the ground surface\u201d. Is a terrace, which doesn\u2019t have walls, included in the summer house building area then? Additionally, a quote from point 4.2 from the norm: “Loggias and balconies, as non-enclosed elements, are not included in the projection and as a result are not included in the building area\u201d. And what is a summer house terrace, if not a balcony on the ground?<\/p>\n

        Judgment of the Supreme Administrative Court (Naczelny S\u0105d Administracyjny), act signature II FSK 2014\/09 <\/strong>of 12.04.2011<\/p>\n