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Ordinance on the calculation of living space
(Living Space Ordinance - WoFlV)
WoFlV
Date of issue: 25.11.2003
Full citation:
"Living Space Ordinance of November 25, 2003 (BGBl. I p. 2346)."
Footnote
(+++ text reference as of: 1. 1.2004 +++)
The V was adopted as article 1 d. V v. 25.11.2003 I 2346 by the Federal Government and the Federal Ministry of
Family Affairs, Senior Citizens, Women and Youth in agreement with the Federal Ministry of Economics and Labor,
the Federal Ministry of Transport, Building and Housing and the Federal Ministry of Health and
Social Security with the consent of the Bundesrat. Pursuant to Art. 6 of the Ordinance, it came into force on January 1, 2004.
entered into force.
§ 1 Scope of application, calculation of living space
(1) If the living space is calculated in accordance with the Housing Promotion Act, the provisions of this
regulation shall apply.
(2) For the purpose of calculating the living space, the floor areas included in the living space in accordance with § 2 shall be determined in accordance with § 3.
and shall be credited to the living space in accordance with § 4.
§ 2 Floor areas belonging to the living space
(1) The living area of a dwelling shall comprise the floor areas of the rooms belonging exclusively to this dwelling.
belong. The living area of a hall of residence shall comprise the floor areas of the rooms intended for the sole and common use of the residents.
common use by the residents.
(2) The living area shall also include the floor areas of.
1. winter gardens, swimming pools and similar rooms closed on all sides, and
2. balconies, loggias, roof gardens and terraces,
if they belong exclusively to the apartment or dormitory.
(3) The living area shall not include the floor areas of the following rooms:
1. accessory rooms, in particular:
(a) basement rooms,
b) storage rooms and substitute cellar rooms outside the dwelling,
c) laundry rooms,
d) floor rooms,
e) drying rooms,
f) boiler rooms, and
g) garages,
2. rooms which do not meet the requirements of the building regulations of the federal states for their use
and
3. business premises.
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§ 3 Determination of the floor area
(1) The floor area shall be determined on the basis of the clear dimensions between the building components; for this purpose, the front edge of the cladding of the building components shall be taken as the starting point.
front edge of the cladding of the components. In the case of missing limiting building components, the structural
shall be taken as a basis.
(2) When determining the floor area, the floor areas of the following shall be included by name
1. door and window claddings as well as door and window surrounds,
2. baseboards, skirting boards and scuff plates,
3. permanently installed items, such as stoves, heating and air conditioning units, ovens, bathtubs or shower trays,
4. exposed installations,
5. built-in furniture, and
6. non-stationary relocatable room dividers.
(3) When determining the floor areas, the floor areas of the following shall not be taken into account
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 is more than 0.1 square meters,
2. stairs with more than three slopes and their landings,
3. door niches and
4. window niches and open wall niches that do not reach down to the floor or reach down to the floor
down and are 0.13 meters or less in depth.
(4) The floor area shall be determined by measuring in the completed living space or from a construction drawing.
determined. If the floor area is determined on the basis of a construction drawing, the drawing shall.
1. prepared for a permit, notification, permit exemption or similar procedure in accordance with the
building code of the federal states or, if a building code procedure is not required, it must be suitable for such a procedure.
is not required, it must be suitable for such a procedure, and
2. permit the determination of the clear dimensions between the building components as defined in paragraph 1.
If the floor area has been determined on the basis of a construction drawing and if the construction deviates from this
the construction drawing, the floor area shall be re-determined by measuring in the completed living space or on the basis of a
corrected construction drawing.
§ 4 Crediting of the floor areas
The floor areas
1. of rooms and parts of rooms with a clear height of at least two meters are complete,
2. of rooms and parts of rooms with a clear height of at least one metre and less than two metres are to be
meters are half,
3. of unheatable winter gardens, swimming pools and similar rooms closed in all directions
are half,
4. of balconies, loggias, roof gardens and terraces, as a rule, one quarter, but not more than one
half
shall be taken into account.
§ 5 Transitional provision
If the living space was calculated up to December 31, 2003 in accordance with the Second Calculation Ordinance in the version of
October 12, 1990 (BGBl. I p. 2178), as last amended by Article 3 of the Ordinance of
November 25, 2003 (BGBl. I p. 2346), as amended from time to time, this calculation shall continue to apply.
calculation. Insofar as, in the cases referred to in sentence 1, after December 31, 2003, structural alterations to
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the living space, which require a recalculation of the living space, the provisions of this ordinance shall be applied.
provisions of this Ordinance shall apply
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