Living space regulation

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Basic data
Title: Ordinance on the calculation of living space
Short title: Living space regulation
Abbreviation: WoFlV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: § 19 WoFG,
§ 28 Abs. 1, 2 WoBindG,
§ 36 Abs. 1 Nr. 1 a) WoGG
Legal matter: Special administrative law
References : 2330-32-1
Issued on: November 25, 2003
( BGBl. I p. 2346 )
Entry into force on: January 1, 2004
Please note the note on the applicable legal version.

The living space ordinance (WoFlV) is a German ordinance that defines living space and regulates its calculation. The ordinance refers specifically to rental accommodation in connection with the Housing Promotion Act (WoFG), where "the provisions of this ordinance are to be applied". It has been in force since January 1, 2004.

The living space ordinance is based on §§ 42–44 of the II. Calculation ordinance and replaces them. Calculations that were made before 2004 on the basis of the old regulation remain valid as long as no structural changes are made that require a recalculation.

Differences to the previous regulations are:

  • As a rule, one quarter of the floor space of balconies , loggias and terraces , but no more than half, is counted as living space. A privacy screen (so-called "covered patio") is no longer required for terraces. The concept of outdoor seating is from II. BV. not been taken over.
  • A general deduction of 3% for wall plaster is no longer provided, as the living space is to be calculated according to clear dimensions . Bay windows and wall cupboards can now also be included in the area calculation, even if their area is less than 0.5 m². 
  • The base areas of chimneys , facing walls, cladding, free-standing pillars and columns are also taken into account if their height remains below 1.5 m because they can then be used as storage space. If they are higher than 1.5 m and their floor space is larger than 0.1 m², they are not taken into account in accordance with Section 3 Paragraph 3 No. 2 WoFlV.
  • While areas under stairs were not counted as living space until the end of 2003 if their clear height was less than 2 m, since 2004 these have been counted as living space as soon as they are higher than 1 m. Just like under sloping ceilings and the like, however, only half of the area is counted up to a height of 2 m, only from a height of 2 m these areas count without deduction.
  • If winter gardens cannot be heated, only half of them can be counted as living space. Heatable winter gardens are completely part of the living space.
  • The previous deduction of 10% flat rate for buildings with only one apartment no longer applies.

Web links

See also

Calculation of living space

Individual evidence

  1. ↑ Residential Area Ordinance of November 25, 2003 ( Federal Law Gazette I p. 2346 ) , Section 1 Scope of application, calculation of living space
  2. ↑ Residential Area Ordinance of November 25, 2003 ( Federal Law Gazette I p. 2346 ) , § 5 transition regulation