The court's expert detailed the provisions of the standard that are relevant to the issues in dispute in this case. Thus, it was detailed that section 5.8 of the standard states that with regard to the area of the apartments, the basis will be the building permit, and in the absence of a permit, it is possible to rely on the measurement of the apartments or the condominium documents. It was clarified that this determination stems from the fact that an assessment under this standard is routinely submitted to the planning authorities for the purpose of approving the scope of construction that leads to the economic feasibility of the project. Therefore, the basis for the calculation in the standard according to the building permit stems from the fact that the calculation of the building area that the owners receive in the future consideration apartments is also in accordance with the permit. At the same time, it was clarified that the standard does not constitute the only way to determine the basis of the area of the apartment for the purpose of determining the consideration for the owners in Pinui-Binui transactions, but that the contractual consideration is generally the product of negotiations. It was further emphasized that the term "apartment area" is not a uniform and fixed figure for which the answer is monovalent, but rather it depends on the definition of the calculation of the area in various legislations that have changed over the years. It was noted that this is especially true with regard to the area of apartments in the registration of a condominium, which, for example, did not include the exterior walls or the area of balconies in full or partial in previous years.
It was further detailed that in section 5.13 of the Standard, it was determined that to the extent that there is a balance of unused building rights, the appraiser will examine the economic feasibility of exercising the rights, taking into account the question of whether there are apartments that have exercised rights beyond their original area in the permit. Insofar as the appraiser believes that there is economic feasibility for exercising the rights, he will explain this in his opinion, and these rights will be taken into account in the appropriate coefficient as part of the incoming apartment area.