How do you calculate the living space of a property without liability risks?

Real estate is in high demand at the moment. It's easy to think that you can sell a property quickly for a profit without using an estate agent. This is not without risk, as you are not only accepting that the sale will take longer. But also that the proceeds will be too low. Liability risks also arise, for example as a result of errors in the calculation of living space.

It is not easy to find the Calculate living space yourself. Random checks have shown that 90% of the information for existing properties is incorrect. You may not have a claim for damages on your hands if you accept them without checking them. But you should communicate transparently from the outset and therefore take the utmost care when calculating the living space.

Exact details in professional valuations

You have opted for professional marketing by a local quality estate agent. First of all, he will carry out a professional valuation on the basis of an expert appraisal. In addition to a thorough inspection, he will also reassess the living space of the property. This is particularly important if the old documents are not accurate. Or if they date back to a time when the currently valid calculation regulations did not yet apply (Living Space Ordinance of 2004). It is particularly important for a valuation that the living space is stated correctly. This not only determines the asking price in line with the market. It also gives you the guarantee that you know all the important data about your property. In addition to the furnishings, condition and location of the property, this also includes the exact living space.

Claims for damages in the event of errors in the calculation of living space

The Living Space Ordinance contains a large number of regulations that must be followed when calculating living space. It is particularly important to take into account the structural features of properties. The same applies to the question of which rooms are to be regarded as living space. This is precisely regulated. One thing can be stated from the outset: the floor area is not the same as the living space.

Preventing legal disputes

Anyone who measures the property themselves as a layman quickly makes mistakes. An estate agent, on the other hand, does this (almost) every day and is familiar with the Regulations are very familiar with. This minimizes the risk of facing claims for damages from the future buyer. To do this, the buyer would have to prove that you provided false information. But it is annoying enough to have to deal with a dispute in court immediately after the purchase. By the way: once the living space has been accepted as the subject of the contract, you cannot invoke the warranty exclusion set out in the purchase contract.

Do you have any further questions about calculating your living space? Please contact us! We will be happy to advise you.

Notes

For reasons of better readability, the generic masculine is used in this text. Female and other gender identities are explicitly included where this is necessary for the statement.

Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.

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