Questão jurídica principal
Whether the basement apartment and related circulation areas count toward the utilization ratio under revised § 255 PBG.
Decisão extraída
Rooms in basement floors are countable only if their area per storey exceeds the share resulting from equal allocation of the permitted total utilization across the permissible number of full storeys; the basement apartment here did not reach that threshold and was therefore not countable.
Fundamentação extraída
The revised rule applies immediately to buildings erected before the referendum date. For the subject building, the maximum permissible utilization yielded a per-storey allowance of 196.72 m2. The basement apartment did not exhaust this allowance even when part of the circulation area was included.