Living room

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Living space is a term used in many specialist fields , which generally means a room that is used as an apartment . The opposite is the business premises .


The compound “living space” expresses that it is a space that is intended and suitable for living. According to the Valuation Act, an apartment is "the combination of a majority of rooms, which in their entirety must be designed in such a way that the management of an independent household is possible ... In addition, it is necessary that the ancillary rooms necessary for the management of an independent household ( kitchen , Bath or shower , toilet ) are available. The living space must be at least 23 m² ”( Section 181 (9) BewG). The space as an architectural term is a part of a building that is enclosed on all sides .

A not insignificant aspect is the provision of an "appropriately large" storage room (or cellar). This is regulated in the Muster-BauO § 48 (2) 2: "In residential buildings of building classes 3 to 5, easily accessible and easily accessible storage rooms for prams and bicycles as well as a sufficiently large storage room for each apartment must be created".

The Housing Binding Act (WoBindG) - which has been regulating social housing since August 1965 - gave rise to the terms “publicly subsidized or price-controlled living space” and the contrast between “freely financed or price-free living space”, which is not subject to any rental price control. The beginning and end of the property as publicly funded living space are regulated in § § 13 ff. WoBindG. The rental contract for a publicly funded apartment with the final tenant establishes a rental relationship for which the private law provisions of tenancy law apply, unless the WoBindG provides otherwise.

The German Civil Code (BGB), statistics and building law deal in particular with the concept of living space . The scope of the term is very different depending on the subject, so that the comparison leads to inconsistent results.

Civil Code

In the BGB, the rental relationship for living space is a special case of the rental relationship for rooms; Housing leases are regulated in § § 549 to § 577a BGB. A room is a part of a building that is enclosed on all sides and is so large that a person can stay in it. A building is any immovable structure firmly connected to the ground that is intended and suitable for people to stay in. Therefore, the rental of ships , caravans , railroad cars or living containers does not constitute living space because it is not a building. The characterization as living space is not based on objective criteria, but on the will of the parties to rent a room for residential purposes; the agreed purpose is decisive. The statutory tenant protection therefore only applies if both parties want to establish the rental relationship for living space. In contractual terms, living space is the entirety of those rooms for which a rental agreement has been concluded between the tenant and the landlord . In some cases, other legal rules apply to rental contracts for living space than to renting business premises or other rooms. This applies not only to the material legal situation (on the one hand § 549 BGB and on the other hand § 578 Paragraph 2 BGB), but also the procedural law . The BGB assumes an apartment for living space, but the statistics assume a room.


The Federal Statistical Office is for the purpose of preparing its housing statistics, however, the rooms from. “The living spaces include all rooms (living rooms and bedrooms with 6 or more m² of living space) and kitchens. Ancillary rooms such as storage rooms, pantries, corridors, bathrooms and toilets are not considered to be rooms. ”According to DIN 277 , however, corridors, storage rooms and balconies also count as living space, which is described in this standard with the more general term of usable area. The technical and legal terminology does not lead to uniform results, which makes statistical recording difficult. According to the technical design, there are two apartments if one party has rented two rooms on two floors ; according to the legal, however, it is only an apartment.

Building law

In building law, living space is a living space , the calculation of which is based on the Living Space Ordinance. As a living space that in connection with an apartment are base areas designated. Living space is a division of one or more connected rooms with a common entrance. Here the apartment corridor is part of the living space, while the apartment staircase does not represent a living space, but is a net floor space. While the living space is important when renting living space, the usable area is decisive for commercial properties .

In the building code , one only knows the terms residential area , apartment and lounge . According to the German Building Use Ordinance (BauNVO) , a residential area is a building area that is used for living . The requirements for apartments and common rooms are described in the respective state building regulations (LBO). For example, the state building regulations for Baden-Württemberg (BW LBO) stipulate in Section 35 (2): “Every apartment must have a kitchen or kitchenette ”. Structural requirements for common rooms are described in Section 34 (1) BW LBO. Among other things, the following are mentioned: “Ceiling height 2.2 meters over at least half of its base area, if the common rooms are located entirely or predominantly in the attic; Thereby parts of the room with a clear height of up to 1.5 meters are not taken into account, 2.3 meters in all other cases. ”There are no requirements for the minimum size here. Minimum sizes and also minimum dimensions are only required in the technical funding requirements of the respective laws on housing funding ( social housing ).

Web links

Wiktionary: Wohnraum  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Volker Emmerich / Jürgen Sonnenschein, hand commentary §§ 535 to 580a of the Civil Code , 2007, § 549 Rn. 3
  2. Hartmut Oetker / Felix Maultzsch, contractual obligations , 2013, p. 401
  3. BGH NJW 2008, 3361 Rn. 11
  4. IT-NRW, October 2014, statistics on buildings and living ( memento of the original from November 25, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot /
  5. ^ Wilhelm Winkler, floor plan of the statistics. II. Social Statistics , 1933, p. 222
  6. Ronald Kunze, keywords small settlement area, pure residential area, general residential area, special residential area , in: Bauordnung im Bild , Kissing 2008 ISBN 3-8277-2616-6 .
  7. Housing Funding Regulations NRW Annex 1 ( Memento of the original from May 28, 2015 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed on May 6, 2015.  @1@ 2Template: Webachiv / IABot /