Ina Ree­se Tax & Legal Prac­ti­ce – Flens­burg | Harrislee

A cellar used for storage does not count towards the living space for the purposes of property tax

A cel­lar used for sto­rage is not included in the living space for the pur­po­ses of pro­per­ty tax. The Ber­lin-Bran­den­burg Finan­ce Court upholds owners’ rights. 
A cellar used for storage does not count towards the living space for the purposes of property tax

A cellar used for storage does not count towards the living space for the purposes of property tax

Anyo­ne who owns a detached house is fami­li­ar with the pro­blem: when asses­sing the pro­per­ty for coun­cil tax pur­po­ses, the tax office uses a figu­re for living space that the owner con­siders to be too high. A recent ruling by the Ber­lin-Bran­den­burg Tax Court makes it clear that not every base­ment room is auto­ma­ti­cal­ly to be clas­si­fied as living space.

What was the dispute about?

The pro­cee­dings con­cer­ned the valua­ti­on of a detached house for the pur­po­ses of pro­per­ty tax. It was undis­pu­ted that the abo­ve-ground living space amoun­ted to appro­xi­m­ate­ly 147 squa­re met­res. The base­ment, which was enti­re­ly under­ground, also con­tai­ned a room mea­su­ring 26.44 squa­re met­res. This room had a clear height of 2.10 met­res, was heata­ble and had a small win­dow which allo­wed day­light and fresh air in only via a bar­red light well. The room was used as a storeroom.

The tax office sim­ply included this base­ment room in the living space, arri­ving at a total area of 173 squa­re met­res. The owners suc­cessful­ly chal­len­ged this decision.

What was the court’s ruling?

The Ber­lin-Bran­den­burg Finan­ce Court cla­ri­fied that the Resi­den­ti­al Flo­or Area Ordi­nan­ce (WoFlV) is the gover­ning legis­la­ti­on for cal­cu­la­ting living space under the stan­dar­di­sed inco­me approach. Under this Regu­la­ti­on, base­ment rooms that have not been con­ver­ted for per­ma­nent resi­den­ti­al use are regard­ed as so-cal­led ancil­la­ry rooms. The­se are excluded from the cal­cu­la­ti­on of living space.

In this spe­ci­fic case, the base­ment room lacked the neces­sa­ry faci­li­ties for resi­den­ti­al use: the­re was no flo­or cove­ring, and the ven­ti­la­ti­on and natu­ral light were ina­de­qua­te. The court the­r­e­fo­re clas­si­fied it as a typi­cal ancil­la­ry room, which is not to be included in the living space. The hig­her flo­or area asses­sed by the tax office was the­r­e­fo­re incorrect.

What is the basis for the property tax valuation?

Under the Valua­ti­on Act, detached hou­ses are valued using the stan­dar­di­sed inco­me approach. The pro­per­ty tax value is cal­cu­la­ted on the basis of the capi­ta­li­sed net yield and the dis­coun­ted land value. The net yield depends, among­st other things, on the living area. The lar­ger the asses­sed living area, the hig­her the pro­per­ty tax value tends to be, and con­se­quent­ly the hig­her the tax burden.

What does this mean for property owners?

This decis­i­on has prac­ti­cal impli­ca­ti­ons for all owners of detached hou­ses or flats whe­re the tax office has included base­ment rooms in the cal­cu­la­ti­on of living space. Anyo­ne who has recei­ved such a noti­ce should check whe­ther the living space used as a basis is cor­rect. The decisi­ve fac­tors here are not mere­ly the cei­ling height or whe­ther the room can be hea­ted, but the room’s over­all fit­tings and its actu­al sui­ta­bi­li­ty as living space.

If a base­ment room is used sole­ly as a sto­rage room or warehouse and lacks pro­per flo­o­ring as well as ade­qua­te ven­ti­la­ti­on and natu­ral light, it is unli­kely to be clas­si­fied as living space under cur­rent legislation.

The jud­ge­ment of the Ber­lin-Bran­den­burg Finan­ce Court was han­ded down on 3 March 2026 under case num­ber 3 K 3118/25. In indi­vi­du­al cases, it is advi­sa­ble to seek tax advice in order to check your own pro­per­ty tax assess­ment for any errors.

This post and the accom­pany­ing image were crea­ted with the help of AI and have been edi­to­ri­al­ly reviewed.

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