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As reported by the portal, the residents of Otwocka Spółdzielnia Mieszkaniowa drew attention to unusual amounts for heating the apartment. According to the tenants, the balcony was also included in the area of the apartment. Is this practice allowed by law? The regulations on this matter are not clear.
“Our balconies are included in the area of u200bu200bthe apartment.” The problem affects over 168 premises
According to the residents of the Otwocka Spółdzielnia Mieszkaniowa, the administration incorrectly settles bills for insulating the premises. The problem affects 168 apartments in Otwock, Karczew and Józefów. Tenants claim that balconies are included in the area of the apartment, so they increase the price of its heating. Just a few extra square meters can increase the fees by up to several hundred zlotys. For example, last year in Wrocław it was PLN 2.80 to PLN 3.60 per square meter of premises per month.
The increase in fees also applies to residents with a damaged heat allocator. In these cases, they are issued on the basis of the average heat consumption calculated for the entire block. In addition, they are increased by 25%. In this case, however, it is not known exactly how much the building area is and whether the area of balconies is included in it. The problem also affects lump sums. These people also do not know the total volume of the property or how the cooperatives calculate the fees. According to the representative of the board of the Otwocka Spółdzielnia Mieszkaniowa and the chief accountant Agnieszka Cichecka, balconies are not taken into account when calculating the amount of heating bills. However, this does not apply to business premises. The representative encourages residents who believe that the fees have been unduly increased to file complaints.
Can the balcony be included in the heat bills? The law is not clear
In the light of the law and in accordance with the jurisprudence of the Supreme Court, balconies do not constitute living space. What’s more, they are rarely included in the area of usable space. Most often they are considered to be the “auxiliary” part of the apartment. However, there are rulings that recognize balconies as part of apartments. As a result, cooperatives have the right to settle the total costs of heat consumption depending on individual quarters. It may therefore happen that the terrace will be included in the common area of the building, regardless of the fact that it is used by specific apartment owners, and not all tenants.
The provisions on energy law are also not clear. We will not find in them the regulation of calculating the area of u200bu200ba flat or the volume of the entire building for fees. This means that adding balconies to the total area of the block does not break the law. In such cases, the internal rules of the cooperative come into play. – Whether a given balcony will constitute usable space should always be assessed individually – informed the money.pl portal, Dr. Piotr Pałka, legal adviser.
Source: Gazeta
Bruce is a talented author and journalist with a passion for entertainment . He currently works as a writer at the 247 News Agency, where he has established himself as a respected voice in the industry.
