As to the appraiser's aspect, the expert determined that according to Standard 21.1 there is indeed an economic and appraisal value for unused building rights, and a coefficient of 0.44 was recognized (as claimed by the defendants).
However, according to the expert's approach, this is a coefficient that is theoretically reasonable if it were examined independently of the concrete circumstances. In the present case, the expert noted that in accordance with the examination of the areas of the apartments in the permitted condition - i.e., in accordance with the building permits - in the present case - it cannot be ignored that the owners of the original small apartments, including the defendants, are already receiving a significant addition of 10.4 square meters of licensing area (from 67.6 square meters in the permit to a future 78 square meters), while the expanded apartments receive (compared to their actual area) an addition of only about 1.7 square meters (since their area according to the building permit and as measured by him is 96.3 square meters). In light of this gap, which grants the original apartments the lion's share of the additional building rights (about 86% of the total additional area for the owners), the expert determined that there is no reason to grant the defendants additional area beyond the 78 square meters offered to them in the agreement, since the defendants' apartments already receive a relatively larger area in the future apartments compared to their actual permitted area.
As a summary, it was determined that in the project data, taking into account the licensing area of the original and expanded apartments and the proposed area of the future apartments, the coefficient and the addition that have already been given to the original apartments, taking into account the appraiser's aspect, which is found reasonable in itself, and on the other hand, taking into account the intensity of the difference in relation to the consideration for all the apartments, is reasonable and there is no reason to give in exchange for additional space for the defendants' apartments beyond what has already been offered to them.
- Question 3: The Reasonableness of the Entrepreneurial Profit Rate
The expert determined that the reasonable profit rate for projects of this type is about 16% under the current market conditions. According to the economic examinations carried out in 2021 and 2023, the profit rate of the project in its current form is 16.2% and 17.2%, and therefore , respectively, constitutes a reasonable and acceptable profit for an appraiser.