Maybe someone has an opinion on the following matter:
Federal state MV, federal model
It concerns two rooms in the basement
one is a guest room, approx. 14m2
the other is a kind of storage room, where furniture is stored, a closet with rarely used items, approx. 10m2
In the notes of the MV tax administration it says:
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What does not belong to the living area?
The living area does not include the floor areas of the following rooms:
[*]Accessory rooms, in particular:
[*]Basement rooms, as far as they do not serve residential purposes, for example hobby rooms in single-family houses,
[*]Storage rooms and basement substitute rooms outside the apartment,
[*]Laundry rooms,
[*]Attic rooms,
[*]Drying rooms,
[*]Heating rooms and
[*]Garages
[*]Rooms that do not meet the requirements of the building regulations of the federal states for their intended use, as well as
[*]Commercial rooms
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At least the guest room serves residential purposes.
Opposing this is the insertion:
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[*]Rooms that do not meet the requirements of the building regulations of the federal states for their intended use, as well as
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I understand this to mean that the building regulations referred to are the state building code?
This states in § 47:
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§ 47 State Building Code M-V – Habitable rooms
(1) Habitable rooms must have a clear room height of at least 2.40 m, habitable rooms in residential buildings of building classes 1 and 2 must have a clear room height of at least 2.30 m. In the attic room, this room height must be present over at least half of its net floor area. Room parts with a clear height of up to 1.50 m are not taken into account when calculating the net floor area.
(2) Habitable rooms must be sufficiently ventilated and receive daylight. They must have windows with a rough opening size of at least 1/8 of the net floor area of the room, including the net floor area of glazed annexes and loggias.
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Both rooms have a clear room height of 2.26 m and the rough window dimensions are well below the required 1/8 of the net floor area.
Therefore, both rooms do not meet the requirements of the state building code and the aforementioned restriction applies when determining the living area. I do not have to include both rooms in the living area.
What do you think?
Thank you very much