Ask a lawyer on the topic of Tenancy law

Area doors and stairs within a room.

May 5, 2014 | 100,00 EUR | answered by Jan Wilking

I unfortunately have to ask again individually because the previous answer apparently arose due to a misinterpretation of the question. I am asking clearly and please read the questions EXACTLY:

1) Is the floor area within a DOOR FRAME counted as living space or are these so-called "door niches" not included? As far as known, according to current case law, these areas are NOT counted as living space.

2) What about open passageways within the apartment? For example, a wall opening or a passage where a door used to be but has been removed along with the frame: Is the floor area between the side walls considered living space or is this area to be deducted as with a door niche?

3) Endless point of contention: When does a staircase within the apartment count as a staircase? It is stated on the internet that anything from 3 steps (e.g. to go from the lower to the higher level of a room) is NOT counted as living space. This is NOT about stairs and the area BELOW it but only about a height adjustment within a room. When are 3 steps 3 steps? In our case: Floor, Step 1, Step 2, and Step 3 - where Step 3 is clearly recognizable as a step, but then transitions directly back into the floor of the higher level with a small ledge (end cap). Are these now 3 steps by legal definition or only 3 steps by purely "visual" standards?

I would like to ask you to ask for clarification if there are any uncertainties, as these points are extremely important.

Thank you in advance...

Jan Wilking

Dear inquirer,

I am happy to answer your inquiry taking into account your description of the facts and your input as follows:

1. That is correct, door recesses are generally considered as part of the wall. Therefore, when calculating the floor area, it does not make a difference whether there is actually a door or any other opening present, the door recess is considered as part of the wall and therefore not included in the floor area calculation.

2. I do not see a different assessment from the explanations in point 1 in this case either. In this case as well, the opening should be considered as part of the wall (regardless of whether there is actually a door installed or not) and therefore not to be included in the floor area calculation.

3. The law does not mention steps, but rather inclines. Stairs are only included in the floor area if they have more than 3 inclines. So, simplifying it, a staircase has more than three inclines if you need more than three steps to walk up the stairs. If the third step is clearly recognizable as a step and does not directly transition to the higher level, then the staircase likely has more than three inclines.

I hope I have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function. Please note that a final assessment cannot be made within this initial consultation, a visit to the premises would be necessary for this.

Kind regards.