Rental space
Areas of buildings that are assigned to one or more users within the framework of rental agreements are referred to as rental space . As a rule, rental space is shown in m². In some cases, areas that are rented are also described as so-called (special) rental properties in a different unit of measurement (e.g. number of parking spaces, (garden) usage times, etc.).
The area calculation is an essential factor for the profitability of a property . However, there is no legally prescribed definition of how the rental space is to be determined. Different areas can therefore be specified for a building or an apartment , all of which are formally correct.
In the international area, there is also the fact that in different countries and regions similar or even the same terms are used as in German, but these terms mean something completely different than in Germany. Attempts are currently being made to establish at least one common language by means of an international property measurement standard , which enables the comparison of areas determined according to various national property measurement standards .
Rental space for non-residential buildings
For buildings that are not used for living, there are no specifications on how the area is to be determined. The only guideline for determining the rental space for non-residential buildings comes from the Gesellschaft für Immobilienwirtschaftliche Forschung e. V. (gif). In some cases, however, an area calculation according to DIN 277 is also used to determine the rental area. If there is no definition of the area, according to the case law of some higher regional courts, the landlord should be able to prove the rental area after every permissible and possible calculation. It is also conceivable, however, that an imprecise area definition is at the expense of the contract creator (Section 305 c BGB).
DIN 277
With the building permit documents, the building permit authorities require an area determination according to DIN 277 . This area calculation is used to determine costs according to DIN 276 and to determine the fees for the building permit. The rental area of a specific tenant does not result directly from this area determination, because an area determination according to DIN 277 does not provide any information about which areas are rented in a building and which areas are not rental areas (stairwells, technical rooms, etc.). In addition, DIN 277 defines various area categories that differ considerably from one another. The new version of DIN 277, which applies to all building plans submitted after January 1, 2016, uses the following terms:
The gross floor area (GFA) is made up of the construction floor area (KGF) and the net room area (NRF), whereby the net room area is composed of the usable area (NUF), traffic area (VF) and technical area (TF). The KGF can also be divided into an outer wall construction area (AKF) and an inner wall construction area (IKF).
In area determinations that were created for building permits that were submitted before January 1, 2016, the following terms are used in accordance with the terminology in the earlier versions of DIN 277:
Gross floor area (GFA), which is made up of net floor area (NGF) and construction floor area (KGF), whereby the NGF is made up of usable area (NF), traffic area (VF) and technical functional area (TF).
If reference is made to DIN 277 for the determination of rental space without a further description, it is unclear which area according to DIN 277 the rental space should represent. The GFA as the largest area defined in DIN 277 can be up to 30% larger than the usable area (NUF) or usable area (NF) of the same building, depending on the building.
If it is agreed to determine the rental space on the basis of DIN 277, the rental contract should therefore regulate precisely which space category is rented according to DIN 277, which rooms within the building (determined according to the agreed space category according to DIN 277) are the rental property, whether communal areas are also rented out and if so, whether a distinction between exclusively used rental space and proportionate communal areas is wanted and how the proportionate communal areas are distributed among the tenants. Also, whether areas with restricted use (terraces, balconies, areas with limited height, etc.) are also rented and whether these are included with the actual area or only with a part should be regulated in the contract.
"gif guideline"
The Society for Real Estate Research - gif eV has created a definition of rental space for "commercial space" for the first time with the MF-B (guideline for calculating rental space for office space). With the MF-G (trade, 2004) the previous gif guidelines MF-H (trading room, 1997) and MF-B (office room, 1996) were replaced. The MF-G is based on the definition set of DIN 277. Rental space can therefore only be an area that is part of the GFA according to DIN 277. In 2012 and most recently in 2017, the “Guideline for calculating rental space for commercial space” was amended. (Also) to differentiate, the spelling has been changed: MF-G 2004; MF / G 2012; MFG 2017.
The guideline specifies which parts of the BGF are not rental space (MFG-0). The rule is that usable areas are predominantly MFG, technical areas (i.e. areas that are used for the supply and disposal of the building itself) are MFG-0. Areas with tenant-specific technical systems are not, however, a technical area, but a usable area and thus belong to the MFG rental area. Construction area (KGF), i.e. both AKF and IKF are MFG-0. Also not rentable area (MFG-0) are the areas of pillars, chimneys and shafts (of both elevator and installation shafts). In addition, the base areas of the enclosing walls of MFG-0 surfaces always belong to MFG-0, even if they are not a construction base area (KGF). Apart from that, "walls" that are not a construction area (i.e. have no stiffening function) are part of the rental area MFG, even if such walls are required for fire protection reasons or have fire protection properties. Horizontal traffic areas (VF), such as corridors and entrance halls, but also floor landings, are predominantly MFG unless they are fully enclosed or not covered on all sides, they are used exclusively for escape and rescue purposes, they only open up TF or they are vehicle traffic areas or shopping streets / malls. Vertical VF (flights of stairs, ramps and intermediate landings), on the other hand, are generally MFG-0.
MFG-0 areas can, however, also be rental areas if they are based on a structural change based on a tenant's request.
After the basic allocation of the areas to the rental area (MFG), a distinction is made between rental areas with exclusive usage rights (MFG-1) and those with joint usage rights (MFG-2). The classification as MFG-1 is typically characterized by the right to exclude other users or to occupy the area personally and / or neutrally. In contrast, communal rental areas (MFG-2) are areas that can be used by the tenants to whom they are allocated. Whether they are actually used, on the other hand, does not matter. The guideline does not specify how MFG-2 areas are to be distributed. It only stipulates that they are proportionally allocated to all tenants involved using a traceable distribution key. To determine the apportionment key in mixed-use properties (e.g. with retail, office and residential uses), the amended MFG contains appropriate regulations that make it possible to also rent MFG-2 areas with new rental contracts and still have correct ancillary cost bills if existing contracts exist on the basis of other area determinations (e.g. on the basis of the GFA or apartments are available whose areas were / are determined according to the living space ordinance.
All rental areas MFG must always be shown in full size (100%). Areas with restricted use (not completely enclosed on all sides, not covered, room height <1.50 m) must, however, be graphically differentiated in the rental area plans as well as shown separately in the rental area listing. A correct determination of rental space according to gif always requires rental space plans with a legend that enables the reference to a tabular listing of the rental space. If the MFG-2 areas on all floors of the building are distributed among all tenants, plans for all floors of the building as well as a table showing the MFG-2 areas on all floors of the building must be attached to the rental contracts.
The gif rental space guidelines have established themselves on the market and are now also being used by the courts for determining rental space in non-residential buildings. However, they are not a legal requirement, so their use should be agreed if desired.
International Property Measurement Standard (IPMS)
An area determination according to IPMS is ideal for comparing rental space in the international area. These guidelines break down the building into individual components, so that - once all components have been identified - a "conversion" into almost all area definition definitions used worldwide is possible. For a comparison with areas determined according to DIN 277 or the MFG, however, only an approximation is possible because the measuring points on the facades are different. The Gesellschaft für Immobilienwirtschaftliche Forschung eV (gif) has published information on the application of the IPMS standards in Germany.
Rental space in housing
In housing, the rental space is usually referred to as living space . Various sources can be considered as a calculation guideline: DIN 283, which was withdrawn in 1983, the II. Calculation Ordinance or the Living Area Ordinance (WoFlV) . In the absence of sufficient clarity of these guidelines, the case law must specify what is living space in individual cases.
For the calculation of the living space, it is important whether the result meets the public-law documentation requirements or is to be used in the free housing market. The requirements of the WoFlV are only binding for evidence under public law. In the free housing market, it is up to the parties to agree on how the living space is calculated. In the event of a dispute, the legal examination depends on whether the calculation is within the scope of customary traffic or local custom.
