Overview
- Coverage on Friday, July 17, 2026 reiterated that the Bundesgerichtshof’s case law generally uses the Wohnflächenverordnung (WoFlV) as the default method for measuring rented living area unless the lease explicitly says otherwise.
- Rooms that clearly serve living purposes—living rooms, bedrooms, children's rooms, work rooms, kitchens and bathrooms—are normally counted toward Wohnfläche while cellars, outside storage, unapproved attics, boiler rooms, laundries and garages are excluded.
- Balconies, loggias and terraces are usually credited at 25 percent of their floor area and may be counted up to 50 percent only when they are unusually large, high quality or well protected from weather.
- For sloped ceilings, areas under one meter are excluded, areas between one and two meters count at 50 percent, and areas over two meters count fully; very small rooms under 10 m² are typically not a full room but spaces of at least 6 m² can be treated as half rooms.
- Because there is no single statutory rule for the free market and contracts can override the WoFlV, renters and buyers should check how listings and leases define Wohnfläche to avoid surprises and possible legal disputes over advertised versus actual space.