When does the conservatory count as living space?

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author
Mirko
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When does the conservatory count as living space?

Table of contents

  • Living space: calculation bases
  • Housing Ordinance
  • DIN 277
  • Heated or not
  • frequently asked Questions

Whether and to what extent the conservatory is part of the living space is important for the calculation of the living space. The area can have a significant impact on the rental price or the applicable property tax. The basis used for the calculation is important. Here you will find all information on the subject.

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Living space: calculation bases

The calculation basis used is essential when determining the living space. In Germany, you usually come across two legal bases, according to which the living space is calculated differently:

  • Living Space Ordinance (WoFlV)
  • DIN 277
Calculate living space with a calculator, tape measure and house plan
Depending on which of the two bases is used for the calculation, the final rental costs will of course also be different.

Housing Ordinance

The Living Space Ordinance is a calculation basis that is valid throughout Germany. It may be selected by the landlord as long as it is not a rental property that has been publicly funded. In this case - the so-called price-controlled living space - the WoFlV is always to be applied. For many tenants, the WoFlV is the preferred variant for calculating living space anyway, since it only includes the living space and no other usable space in the calculation.

This is also reflected in conservatories. They are always counted towards the living space, but these are different percentages depending on the type of conservatory. Important for the calculation basis is here, whether it is heated or unheated conservatory acts.

rental contract

A notice:

The living space ordinance does not apply to rental contracts that were signed before 1 January 2018. January 2004 were signed. The Second Calculation Ordinance (II BV), the predecessor of the WoFlV, applies to these.

DIN 277

In contrast to the WoFlV, the DIN 277 is a calculation basis that does not specifically define the living space. It only differentiates between usable and traffic areas. This means that landlords can specify the entire usable area as living space instead of the living space. That includes conservatories completely. For example, if you want to rent an apartment with a 20 square meter conservatory, this always counts in full to the living space. DIN 277 is preferred by many landlords because there is more space available, which of course affects the final rent.

Tip:

Always check the living space against the basis of calculation before you sign a rental agreement. Incorrect information can lead to a significantly higher rent, which can be prevented by a thorough check.

Heated or not

Heated conservatory
Heated conservatories are always fully included in the living space calculation.

Whether a conservatory is heated or unheated has a significant effect on the living space calculation when using the WoFlV. While the conservatory is always part of the living space in DIN 277, the WoFlV looks different:

  • not heated: 50 percent of the area
  • heated: 100 percent of the area

That is, if you have one heated conservatory with a floor space of 20 square meters, you must add this completely to the living space after using the WoFlV. With an average rent of nine euros per square meter, that would be 180 euros that would be added to the rent. At a unheated conservatory the calculation looks like this:

  • 20 m² living space: 2 = 10 m² calculation area
  • 10 m² x 9 euros rental price = 90 euros additional rent

frequently asked Questions

Is the conservatory relevant to the new Property Tax Ordinance?

Yes. The new property tax regulation also includes heated and unheated conservatories. This means that the conservatory will be integrated into the new property tax return. As usual, it belongs to the living area and not to the usable area and is charged accordingly.

Do terraces and balconies count as living space?

Yes, terraces and balconies are usually also part of the living space and are therefore included in the area calculation. The important thing here is again the difference between the calculation bases used. If the living space ordinance is used, a maximum of 25 to 50 percent, according to DIN 277 the entire area, is added.

What is the difference between usable space and living space?

Theoretically, all areas in houses and apartments are usable areas. However, not all usable space is equal to living space. Living space includes all areas that are primarily attributable to living space, for example bedroom, bathrooms and conservatories. Pure usable areas, on the other hand, are used for rooms that are not designed for living. These include, for example basement, cellar (if not converted for residential use), laundry and boiler rooms.

author Mirko

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