Living Area Inflated by Over-Counting the Balcony/Terrace

What does it mean?

The balcony, loggia, roof garden or terrace was counted above the WoFlV default. Under §4 WoFlV these are counted "as a rule at one quarter (25%), at most one half (50%)" — so 25% is the standard and 50% only where above-average quality justifies it. Counting at the higher rate enlarges the stated Wohnfläche, which is the basis for the price, so the price per m² looks lower than it is. (A rate above 50% would exceed the statutory maximum and is not permitted at all.)

Is this a problem when buying?

Something to clarify before buying. Not an automatic deal-breaker, but worth checking.

What you should do as a buyer

Recompute the price per m² with the balcony at the 25% default and negotiate on the lower figure. If the higher rate is to stand it needs above-average quality and should be agreed in writing in the purchase contract (eine vertragliche Vereinbarung), as such calculations themselves recommend. If the agreed total area later proves materially overstated, German case law can support a price reduction.

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