How Big Is the Apartment, Really? Germany Lacks Standard for Living Space Calculation

The question of living space can quickly become a point of contention when searching for an apartment in Germany. While the living area and number of rooms are the primary figures potential renters and buyers focus on, the reality often brings confusion. Discrepancies arise because different calculation methods are used or terms are interpreted variably.

For instance, does a balcony count entirely towards the living space? Is a basement included? And when is a small room considered a "room"? Legal expert Christoph Stroyer, a member of the German Bar Association's construction and real estate law working group, explains that "Germany does not have a uniform mandatory calculation standard for living space in privately financed housing." He notes that it was "completely unusual" to specify exact floor areas in rental agreements in the past, a practice that changed with the introduction of publicly subsidized housing.

"Today, according to the consistent case law of the Federal Court of Justice (BGH), the Residential Space Ordinance (WoFlV) from social housing generally applies as the standard for rented living space," Stroyer says, provided the contracting parties have not made any deviating agreements. Generally, all rooms exclusively assigned to the apartment and usable for living purposes count. This includes living rooms, bedrooms, studies, children's rooms, kitchens, bathrooms, hallways, and storage rooms within the apartment.

However, "basement rooms, storage rooms located outside the apartment, laundry rooms, attics (unless converted for living purposes and approved by building regulations), drying rooms, boiler rooms, and garages are generally not included in the living space," Stroyer adds. These are considered utility areas and should not be included in the living space calculation, according to Stephen Paul of the German Real Estate Association. Special areas like balconies, loggias, and terraces are typically counted at only 25 percent of their base area, unless they are exceptionally large or elaborately designed.