Thirteenth Regulation (WoFlV)

Thirteenth Ordinance (WoFlV) - The Living Space Ordinance (WoFlV), often referred to as the “Thirteenth Ordinance” (since it replaced the Second Calculation Ordinance), has governed the calculation of living space in Germany since January 1, 2004. It specifies which areas count as living space, how sloped ceilings, balconies, and terraces are calculated, and which rooms do not qualify as living space. The correct calculation of living space is crucial for rent pricing, utility cost billing, and property valuation.

Calculation Rules According to the WoFlV

The WoFlV distinguishes between fully and partially countable areas:

• Fully countable (100%): All living rooms, kitchen, bathroom, hallway, storage room - with a clear height of at least 2.00 m
• Halfly countable (50%): Areas under sloped ceilings with a clear height between 1.00 m and 2.00 m
• Not countable (0%): Areas under sloped ceilings with a clear height below 1.00 m
• Balconies, loggias, terraces: Generally count toward 25%; up to 50% for particularly high-quality features or locations
• Not included in living space: Basement, laundry room, boiler room, garage, drying rooms, attic (unless converted)

Implications for Tenants and Landlords

The calculation of living space has far-reaching practical consequences:

• Tenancy law: If the actual living space differs by more than 10% from the area specified in the lease, the tenant is entitled to a rent reduction-and can retroactively reclaim any excess rent paid (Federal Court of Justice ruling)
• Operating costs: If operating costs are allocated based on living space, the correct calculation of the area affects each tenant’s share
• Rent control: In areas with rent control (applies in Nuremberg), the permissible rent per square meter of living space is calculated - incorrect area specifications lead to excessive rents
• Property Valuation: The price per square meter is the key benchmark-incorrect living space information distorts the entire valuation

Common Calculation Errors and Their Consequences

In practice, errors often arise with attic apartments and older buildings. The following errors are particularly common: counting the full area of sloped ceilings under 2 meters in height, including basement rooms as living space, counting balconies at 100% instead of 25%, or forgetting to deduct for wall thicknesses and shafts. These errors can have significant consequences: If the actual area differs by more than 10%, the tenant is entitled to a rent reduction that can apply retroactively for up to three years-with a rent reduction of €100 per month, that would amount to up to €3,600.

Practical Tip for Landlords in Nuremberg and Franconia

Especially in Nuremberg’s older neighborhoods (St. Johannis, Gostenhof, Südstadt) with their attic apartments, the actual living areas often differ significantly from the areas specified in older lease agreements or partition declarations-in the past, sloped ceilings were often deducted differently or not at all. Similarly, in surrounding Franconian municipalities, floor area specifications from the 1970s-prepared according to the old II. Calculation Ordinance-are still common and no longer comply with the WoFlV. We recommend that owners have the living space professionally remeasured in accordance with the WoFlV (cost: approx. €100-300 per apartment by an architect or expert). This protects against claims for rent reductions, ensures accurate utility cost statements, and provides a reliable basis for property valuation upon sale.

Frequently Asked Questions

Does my basement count as living space?

No - basements are generally not considered living space under the WoFlV, even if they are used for residential purposes (e.g., as a hobby room or office). Exception: If the basement is approved under building codes as a living space (sufficient natural light through windows covering at least 1/8 of the floor area, a ceiling height of at least 2.30 m, adequate ventilation, and a second emergency exit), it can be counted as living space. In practice, this is rarely the case with retrofitted basement conversions, as the building code requirements are often not met. We recommend clarifying this with the relevant building authority before purchasing or before raising the rent.

Which calculation method applies - WoFlV or DIN 277?

In tenancy law, the WoFlV is the standard - it is considered authoritative by the courts unless otherwise agreed in the lease agreement. DIN 277, on the other hand, calculates the floor area (without deductions for sloped ceilings) and results in higher values. In the purchase agreement and for condominiums, DIN 277 may be agreed upon-pay close attention to which calculation basis is specified, as the difference can amount to 10-20%. If there is a stated difference between the DIN 277 area and the WoFlV area, the WoFlV area is the legally relevant figure for tenancy law and utility cost statements.

As a landlord, can I count 50% of the balcony area?

The WoFlV provides for a credit of 25 to 50%-the standard is 25%. A calculation of up to 50% is permissible in cases of exceptional quality: a covered balcony, south-facing orientation with an unobstructed view, a quiet location, and high-end finishes including flooring and lighting. In practice, we recommend a conservative estimate of 25%-this avoids disputes with tenants and is more legally sound. If no specific method is specified in the lease agreement, courts generally apply a 25% rate. However, for a 20 m² south-facing terrace with high-quality finishes, a 50% rate (10 m² of living space) is well justified-the rationale for this should be documented in the lease agreement.

WoFlV in the Context of Real Estate Sales

When selling a property, the correct statement of living space in the listing and in the purchase agreement is a matter of legal certainty. If the actual measured living space deviates significantly from the stated figure, the buyer may assert claims for fraudulent misrepresentation or defects. In Nuremberg and the metropolitan region, we regularly encounter situations where living space figures from old floor plans, building permits, or partition declarations do not match the actual WoFlV area-particularly in attic apartments and older buildings from the 19th and early 20th centuries.

We therefore recommend that sellers have a professional living space measurement conducted in accordance with the WoFlV before marketing the property. The cost is approximately 100-300 euros per apartment and is a worthwhile investment to avoid liability risks later on. The measured area then forms the basis for the price calculation, the property description, and the purchase agreement.

Does the WoFlV also apply to commercial leases?

No. The WoFlV is expressly designed for residential space. For commercial leases, the usable area is calculated according to DIN 277 or another individually agreed-upon method. Commercial leases in Nuremberg that cover office space, retail spaces, or medical offices are usually based on the gross floor area (GFA) or the net floor area (NFA) according to DIN 277. Confusing the calculation methods leads to incorrect area specifications and thus to inaccurate rent and purchase price calculations. We recommend always explicitly stating the calculation method used in the lease or purchase agreement.

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