With regard to the second level - i.e., between the rights holders and the developer - it was clarified that the consideration between the developer and the owner does not have to be identical to the economic calculation made for the authorities in accordance with Appraiser Standard 21.1, but it can be larger or smaller in accordance with market conditions, with only some of the developers giving additional area for ununiformly exploited building rights. In this regard, the expert added and emphasized that in the agreement between the developer and the owner, there is indeed a distinction in consideration of consideration between the owners according to their rights and demands, however, in the developer's view, it is the total consideration for the owners that determines and not the internal division between the owners.
And finally, with regard to the third level - which revolves around the distinction between the owners themselves - the principle of equality of consideration applies. With regard to this principle, it was clarified that this equality does not necessarily indicate equal consideration for each apartment, but rather that the difference between apartments and apartments should be taken into account. At the same time, it was emphasized that in the present case, the question is not whether different consideration should be given to apartments of different sizes, a question that was answered in the affirmative, but rather whether, in calculating the base area of the apartment, additional area should be added to the existing apartment for unused building rights, as part of the definition of the area of the apartment per se. As for the decision on this question, the expert pointed to a number of situations:
Two situations that are not relevant to our case - one, where the rights exist for all apartments, in which case the rule that must be adopted is egalitarian - i.e., that recognition or non-recognition of unused rights will be decreed equally in order not to infringe the principle of infringement of equality. The second is where the rights were attached to a specific apartment.