§ 2 Floor Areas Belonging to the Living Space
(1) The living space of an apartment includes the floor areas of the rooms that belong exclusively to this apartment. The living space of a dormitory includes the floor areas of the rooms designated for the exclusive and communal use by the residents.
(2) The living space also includes the floor areas of
1. conservatories, swimming pools and similar rooms closed on all sides as well as
2. balconies, loggias, roof gardens and terraces,
if they belong exclusively to the apartment or the dormitory.
(3) The floor areas of the following rooms do not belong to the living space:
1. accessory rooms, in particular:
a) cellar rooms,
b) storage rooms and cellar replacement rooms outside the apartment,
c) laundry rooms,
d) attic rooms,
e) drying rooms,
f) heating rooms and
g) garages,
2. rooms that do not meet the building code requirements of the federal states for their intended use, as well as
3. commercial rooms.
§ 3 Determination of the Floor Area
(1) The floor area is to be determined according to the clear dimensions between the structural components; the starting point is the front edge of the cladding of the structural components. If limiting structural components are missing, the structural boundary is to be used as a basis.
(2) In determining the floor area, the floor areas of the following are to be included in particular:
1. door and window claddings as well as door and window frames,
2. baseboards, skirting boards and chair rails,
3. permanently installed objects such as stoves, heating and air conditioning units, ovens, bathtubs or shower trays,
4. exposed installations,
5. built-in furniture and
6. non-fixed, movable room dividers.
(3) In determining the floor areas, the floor areas of the following shall be disregarded:
1. chimneys, facing walls, claddings, free-standing pillars and columns if they have a height of more than 1.50 meters and their floor area exceeds 0.1 square meters,
2. stairs with more than three risers and their landings,
3. door recesses and
4. window and open wall niches that do not extend down to the floor or extend down to the floor and are 0.13 meters or less deep.
§ 4 Credit of the Floor Areas
The floor areas
1. of rooms and room sections with a clear height of at least two meters are fully credited,
2. of rooms and room sections with a clear height of at least one meter and less than two meters are credited at half,
3. of unheated conservatories, swimming pools and similar rooms closed on all sides are credited at half,
4. of balconies, loggias, roof gardens and terraces are generally credited at a quarter, but no more than half.