Short Answer

If a purchased apartment is smaller than contractually promised, the buyer may have a warranty claim against the seller in Austria. Whether a purchase price reduction is possible and how much it may amount to depends on the agreed floor area, the actual discrepancy, the contract and the reduction in value. Missing square metres therefore cannot always simply be multiplied by the average purchase price per square metre.

As of September 2026. This article deals with real estate purchases and claims against the seller, not with ongoing rent calculations.

First Clarify: What Floor Area Was Promised?

A figure in a listing, a handwritten sketch and a floor-area figure in the purchase agreement may be based on different principles. Collect the purchase offer, contract, brochure, floor plan and written promises. What matters is which condition of the property was agreed. Under Section 922 of the Austrian General Civil Code, a thing transferred for consideration must generally correspond to the contract; its description and agreed use are also relevant.

In particular, clarify whether the reference is to living area, usable floor area or a total area including ancillary areas. A balcony, cellar room and heated living space are not automatically interchangeable. The agreed calculation method is also important. Two floor-area figures are only meaningfully comparable if they cover the same rooms on the same basis.

Practical first step: Have the available documents checked by a qualified person for inconsistencies and have the actual area measured in a comprehensible manner. A quick look at an online floor plan does not replace this measurement.

When Is a Price Reduction Possible?

A discrepancy between the listing and the measurement does not automatically result in a specific repayment. First, there must be a legally relevant defect. The appropriate warranty remedy must then be determined. Section 932 of the Austrian General Civil Code distinguishes in particular between repair, replacement, price reduction and termination of the contract, and sets out the relevant requirements.

In an existing apartment, missing floor area often cannot be created subsequently. Nevertheless, you should not replace the legal assessment by unilaterally reducing outstanding payments. Whether a remedy is possible or reasonable and which additional requirements must be met must be assessed on the basis of the specific purchase agreement.

A blanket rule such as “there is never a claim if the discrepancy is below ten percent” does not provide a reliable basis for decision-making in an Austrian real estate purchase. Nor does a larger discrepancy automatically guarantee termination of the entire contract. The contract contents, defect and desired legal remedy must be examined separately.

How Is the Purchase Price Reduction Calculated?

The courts generally use the relative calculation method: the ratio between the value with the defect and the value without the defect is applied to the agreed purchase price. This is intended to preserve the contractual relationship between price and performance. A favourable purchase is not simply recalculated retrospectively using the market price. See Austrian Supreme Court decision 9 Ob 50/10h.

Simplified calculation example: The agreed purchase price is EUR 360,000. The assumed value with the contractually agreed floor area is EUR 400,000, while the value of the apartment actually delivered is EUR 380,000. This results in an adjusted price of EUR 360,000 × EUR 380,000 ÷ EUR 400,000 = EUR 342,000. The difference is EUR 18,000.

These freely chosen figures only explain the method. They do not constitute a valuation of a specific apartment. A five-percent discrepancy in floor area does not necessarily correspond to a five-percent loss in value: the layout, usability and type of missing area may play a role. Special price agreements must also be taken into account.

Which Documents Help with the Review?

• Contract and purchase offer with all attachments and amendments.
• Saved listing and brochure, including date and stated floor area.
• Plans, original floor-area calculation and any available valuation reports.
• Comprehensible measurement documentation showing the calculation method used.
• Handover report and correspondence concerning promised characteristics.
• A timeline of the handover, discovery of the discrepancy and previous communications.

Keep the original files and emails. Mark contradictory information instead of treating one isolated figure as conclusive evidence without context. Determining the amount of a claim may require both a measurement and a valuation; these address different questions.

What Applies in the Event of a Warranty Exclusion?

Have any exclusion clauses reviewed by a law firm. In a private sale, contractual limitations may be relevant; their scope depends on the wording and circumstances. Consumer transactions are subject to additional protective provisions. A general clause therefore does not automatically mean that every promised floor-area figure is irrelevant. The Austrian Economic Chamber explains the limits of warranty exclusions.

Which Deadlines Apply?

For defects in immovable property, Section 933 of the Austrian General Civil Code generally provides for a three-year warranty period beginning on handover. Under the current rules, rights and claims generally become time-barred three months after that period expires. Transitional provisions, the contractual structure and other legal grounds may change the assessment.

Do not therefore wait until the end of a seemingly safe deadline. Have the specific contract, handover date and necessary steps reviewed by a lawyer promptly. A complaint or ongoing negotiations do not automatically replace timely legal enforcement before the courts.

Frequently Asked Questions About Incorrect Living Area

Is a New Measurement Sufficient for a Repayment?

The measurement is important evidence of the actual floor area. However, the contractually agreed target condition, the legal basis for the claim and the amount of any possible reduction must also be clarified. Use the same measurement basis for the comparison.

Does “Approximately” Always Protect the Seller?

No. This single word does not establish a complete exclusion of liability. The significance of an approximate figure in the specific contract must be assessed together with the other statements and documents.

Is the Estate Agent the Correct Party to Claim Against?

Warranty rights arising from the purchase agreement generally concern the seller. Any possible liability of the estate agent for their own breaches of duty is a separate issue and must not be equated with a claim arising from the purchase agreement.

What Can Simon Immobilien Contribute?

We can assist with compiling the available property documents and classifying floor-area information for marketing purposes. Legal enforcement and a binding assessment of a claim should be handled by a law firm. For an initial review of the available documents, you can contact Simon Immobilien.