
How can you calculate the living space of a property without liability risks?
It is not easy to calculate the living space yourself. Random samples have shown that 90% of the information provided for existing properties is incorrect. You may not have a claim for damages on your hands if you accept this information without checking it, but you should communicate transparently from the outset and therefore take the utmost care when calculating the living space.
Accurate information in professional appraisals
You have decided on professional marketing by a local quality real estate agent. First, they will carry out a professional valuation based on an expert appraisal. In addition to a thorough inspection, they will also remeasure the living space of the property. This is particularly important if the old documents are not accurate or date from a time when the currently valid calculation regulation was not yet in force (Living Space Regulation of 2004). The correct specification of the living space is particularly important for a valuation. This not only determines the market-driven asking price, but also gives you the guarantee that you know all the important details about your property. In addition to the fixtures and fittings, condition, and location of the property, this also includes the exact living space.
Claims for damages in the event of errors in the calculation of living space
The Living Space Ordinance contains a large number of regulations that must be followed when calculating living space. It is particularly important to take into account the structural features of properties. The same applies to the question of which rooms are to be regarded as living space. This is precisely regulated. One thing can be stated from the outset: the floor space does not correspond to the living space.
Prevent legal disputes
If you're not an expert and try to measure the property yourself, you'll quickly make mistakes. A real estate agent, on the other hand, does this (almost) every day and is very familiar with the regulations. This minimizes the risk of the buyer later claiming damages from you. To do so, they would have to prove beyond doubt that you provided incorrect information. But it is annoying enough to have to deal with a legal dispute immediately after the purchase. incidentally, once the living space has been accepted as the subject of the contract, you cannot invoke the warranty disclaimer contained in the purchase agreement.
Do you have further questions about calculating your living space? Contact us! We will be happy to advise you.
Notes
For reasons of better readability, the generic masculine form is used in this text. Female and other gender identities are expressly included insofar as this is necessary for the statement.
Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific case.
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