
Living space calculation
Area specifications for existing properties are often inaccurate, as repeated spot checks have shown. This is because the area specifications are often taken from old building applications or rental agreements, which were not always calculated in accordance with a calculation regulation.
Calculating living space is a complex matter that should not be underestimated. Different calculation standards apply to different building elements: for example, for door and window frames, stairs, stoves, built-in fixtures, sloping ceilings, room heights, chimneys, pillars, columns, facing walls, and niches. In addition, there are basements, garages, terraces, and balconies, heated or unheated conservatories and swimming pools, laundry rooms, and boiler rooms, for which deductions of between 0 and 100% of the floor space must be made.
Given such complex conditions, it is not surprising that owners often provide incorrect or incomplete information. Private sellers are liable for this information. A claim for damages may well be made if the living space stated does not correspond to the actual living space. Even the sale price and financing and notary fees, as well as taxes paid by the buyer on the higher purchase price, could be reduced. If the area was also accepted as the subject matter of the contract, the warranty excluded in the real estate sale does not protect against claims for damages.
The best protection for real estate sellers against such difficulties is to seek advice from a professional. A professional real estate agent is well versed in calculating living space. After all, it is part of their daily business. Reputable real estate agents even bear the risk for the correct floor space information themselves and do not pass it on to the customer.
In addition, experts expect that a decision by the Federal Court of Justice (BGH) in November 2015 regarding rent increases will continue to influence the sale of real estate, utility bill settlements, and new leases in the future. The court ruled at the time that, with immediate effect, only the actual living space is legally valid as an objectively verifiable and comparable criterion for rent increases (BGH, VIII ZR 266/14). The BGH thus overturned the previous ruling, according to which the living space agreed in the rental agreement could deviate by up to 10 percent from the actual living space. This makes it even more important than before to calculate the living space accurately.
The basis for calculating living space is usually the Living Space Ordinance (WoFlV) that came into force in 2004. Nevertheless, it still happens that living space is occasionally determined on the basis of DIN standard 283, which was repealed in 1983. This may also be correct, provided that the basis for calculation is known and has been recorded as the basis for the contract. However, if you want to be on the safe side, it is best to consult an expert.
Do you have questions about calculating your living space? Contact us! We will be happy to advise you.
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