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Wednesday, November 22, 2006
salsy29
 Studio
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Is it the norm for apartments to come up smaller than the sizes on our contracts. I've just been informed, the outside of the apartment ie. walk way to front door is also included in the size. Is this right ?
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22 Nov 2006 2:20 PM
Smiley
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I'm in Nueva Andalucia
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Depends what is stipulated in the contract - take it up with your lawyer. It may well be that part of what is deemed common area but specifically allocated to you (i.e.your walkway) is included under the terms of the contract. The problem far too often is that purchase contracts can be non specific but your lawyer should be able to clarify.
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22 Nov 2006 2:23 PM
samson
 Apartamento
I'm in Solihull/Benalmadena
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I too have come across this in my purchase at arenal golf. We thought we was buying an apartment measuring 78m2 they have now told us almost 11m2 is for the communal hallway leading to our front door. Also when they measure they include the thickness of the walls. We are now looking at getting an apartment that measures in the region of 58m2 which i know from experience is very small for a two bed apartment.
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22 Nov 2006 5:15 PM
Spanish Inquisition
 Parcela
I'm in Puerto Banus
I've made 16 posts
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Hello,
In contracts it is usually specified what the total built area is and what the "useful" area consist on (the area without proportional part of commonelements of the building). This will also be the way of describing the property in the deed.
In some cases, even a description of the diferent areas of the different elements of the property will be specified, but it is usually included in a plan of the property as an attachment of the contract. This, together with the memory of building specifications and the book of the property (indicating the electric and water installation, materials, diagrams of other installattions, etc.) have to be given to the purchaser by Law (usually the building specs. together with the contract, in order to know the qualities of the property, and the final book on completion deed).
Unfortunately, not always the developers specify the total built area and sometimes the contract uses an expresion referring to the property in general, whatever the final area is, or even establishes that a possible difference in the areas of +/- 5% could be allowed.
If you have doubts about the apartment or house areas always ask your lawyer about the contract or Registry information. If the property has already been registered in the Land Registry that is the legal area that you will be buying.
I hope this clarifies a bit. _______________________
Rafa
rm@iclawyers.com
www.iclawyers.com
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