Living space determines the purchase price, rent level and ancillary costs – and hardly any figure is stated incorrectly as often. Whether a balcony counts for only one quarter or a sloping ceiling not at all is governed in Germany by the Living Space Ordinance (WoFlV). We explain which areas are included in full, proportionally or not at all – and why an incorrect square-meter figure in an exposé can become expensive for sellers.
What is the Living Space Ordinance – and when does it apply?
The Living Space Ordinance (WoFlV) has been in force since January 1, 2004, and establishes nationwide rules for determining the living space of an apartment or house. It is mandatory primarily for rent-controlled housing, subsidized housing and housing benefit. In privately financed tenancy law and when purchasing property, it does not apply automatically, but in practice and case law it has become the authoritative standard.
The Federal Court of Justice assumes that the WoFlV applies in cases of doubt if the parties have not agreed otherwise. Anyone stating a living-space figure today should therefore follow this ordinance – anything else quickly leads to disputes over the square meters.
Which rooms are included in the living space?
According to Section 2 WoFlV, living space comprises the floor areas of all rooms belonging exclusively to an apartment. Classic living rooms – living rooms and bedrooms, kitchens, hallways, bathrooms and guest toilets – count in full. The following are also included in the living space:
- Conservatories, swimming pools and similar rooms enclosed on all sides
- Balconies, loggias, roof gardens and terraces (but only proportionally, see below)
The following are expressly not included in the living space:
- Basement rooms, storage rooms and substitute basement rooms outside the apartment
- Laundry rooms, attics and drying rooms
- Boiler rooms and garages
- Rooms that do not meet the building-law requirements of the federal states
- Commercial premises
A common misconception: A converted basement room that has not been approved under building law as a habitable room may not be sold as living space – even if it is heated and tiled. At most, it counts as usable space.
Which areas count only proportionally?
The decisive factor for inclusion is the clear height of a room, i.e. the distance between the floor and ceiling. Section 4 WoFlV applies the following graduated calculation:
- Full calculation (100%): Rooms and parts of rooms with a clear height of at least 2 meters.
- Half calculation (50%): Rooms and parts of rooms with a height of at least 1 meter but less than 2 meters – the classic case of a sloping roof.
- No calculation (0%): Areas with a height of less than 1 meter are excluded completely.
- Half calculation (50%): Unheated conservatories and swimming pools.
- As a rule, one quarter (25%): Balconies, loggias, roof gardens and terraces – but no more than half.
For balconies and terraces, the regulation allows a range of 25 to 50 percent. In practice, calculation is almost always based on one quarter. The higher rate of 50 percent is only appropriate for particularly high-quality outdoor areas, such as a covered, wind-protected south-facing balcony. Anyone who routinely applies half risks stating an excessive and therefore contestable area.
Example: Calculating living space in an attic
A roof room particularly clearly illustrates the graduated calculation based on height. Assume a room is 5 meters deep and 4 meters wide (20 m² floor area), with the roof sloping downward:
- The area with a height of at least 2 meters measures 10 m² and counts in full: 10 m²
- The area between 1 and 2 meters measures 6 m² and counts half: 3 m²
- The area under 1 meter measures 4 m² and does not count: 0 m²
Thus, 20 square meters of floor area result in only 13 square meters of calculable living space. This difference of 35 percent shows why attic apartments in particular are so prone to errors.
What is deducted from the floor area?
For determining the floor area, § 3 WoFlV specifies that the clear dimensions between structural components apply. Permanently installed items such as a fitted kitchen, bathtub or tiled stove do not reduce the floor area – the area beneath them is included. The following, however, must be deducted:
- Chimneys, furring walls, free-standing piers and columns, provided they are higher than 1.50 meters and their floor area exceeds 0.1 m²
- Stairs with more than three rises and their landings
WoFlV or DIN 277 – why the method determines the number of square meters
In addition to the WoFlV, there is the DIN 277 standard, which is actually intended for planning and cost calculation in construction. It does not recognize graduated heights or reduced calculation: Under DIN 277 count sloping ceilings in full, and cellar or storage rooms are also counted at 100 percent. The result is therefore almost always larger than under the WoFlV.
This is tempting for sellers, but misleading for buyers and tenants. If an area calculated according to DIN 277 is offered as “living space,” the difference compared with the WoFlV can quickly amount to 10 percent or more. We therefore recommend always stating in the property brochure which method was used to calculate the area. For rental and purchase agreements, the WoFlV is the applicable standard.
Liability risk: When the square-meter figure in the property brochure is incorrect
The living area is not a non-binding marketing figure. If the actual area differs from the stated area, specific legal consequences may arise – under both tenancy and purchase law.
Under tenancy law, the Federal Court of Justice has established a clear line: If the actual living area is more than 10 percent smaller than stated in the tenancy agreement, this constitutes a defect in the rented property. The tenant may reduce the rent without having to prove any specific impairment. For rent increases, however, more recent case law consistently relies on the actual area – the BGH has abandoned the former 10-percent tolerance in this context.
Under purchase law, the situation is more differentiated. An area specification becomes a binding “quality” only if it is included in the notarized purchase agreement (§ 311b BGB). A specification appearing solely in the agent’s property brochure generally does not yet establish warranty claims. Notarized purchase agreements also almost always contain an exclusion of liability for defects (“purchased as inspected”).
However, this exclusion does not protect the seller if they fraudulently stated the area incorrectly. Anyone who states a living area “off the top of their head” without knowing it, or conceals a known error, remains liable despite the exclusion. According to case law, it is not sufficient merely to put the buyer in a position to recognize the error themselves – the seller must independently correct a false impression once created. If fraudulent intent can be proven, the buyer may reduce the purchase price or claim damages.
Our advice: Carefully determine the living area before the sale in accordance with the WoFlV – if in doubt, through an expert – and openly state the method used. This protects you against subsequent claims and builds trust withthe prospective buyers.
FAQ on calculating living space
Does the balcony count toward the living space?
Yes, but only proportionally. Under § 4 WoFlV, balconies, loggias, roof gardens and terraces are generally counted at one quarter (25%), and at most half. The higher percentage is justified only for particularly high-quality outdoor areas.
Is the basement included in the living space?
No. Basement rooms, storage rooms outside the apartment, laundry rooms and boiler rooms are not part of the living space under § 2 WoFlV – even if they have been converted, as long as they have not been approved under building law as habitable rooms.
How are sloped ceilings calculated?
According to the clear height: areas with a height of 2 meters or more count in full, areas between 1 and 2 meters count at half, and areas below 1 meter do not count at all. This often significantly reduces the chargeable area, especially in attic floors.
What is the difference between WoFlV and DIN 277?
WoFlV counts areas only proportionally depending on their height and type and excludes ancillary rooms. DIN 277 counts almost everything in full, including basements and sloped ceilings. WoFlV is the correct basis for rental and purchase agreements.
May I calculate the living space myself?
Yes. Using a tape measure or laser distance meter and the rules of WoFlV, you can determine the area yourself. However, in the case of irregular floor plans, sloped ceilings or disputes, measurement by an expert is recommended.
Conclusion: Accuracy pays off
The correct living space is the basis for a fair price and a legally sound sale. Anyone familiar with the rules of the Living Space Ordinance knows that balconies count for only one quarter and sloped ceilings only according to their height – and that basements, garages and boiler rooms are excluded. For sellers, carefulness pays off twice: An area accurately determined according to WoFlV and documented transparently prevents price reductions, claims for damages and disputes after the purchase. In case of doubt, the fee for a professional measurement is money well invested.