In the case of Viennese apartment buildings that were built prior to 1945 and are thus subject to the Tenancy Act, this is a cap on rent prices – the benchmark rent. The benchmark rent is set per m2 and is adjusted for inflation every two years on 1 April by a regulation of the Ministry of Justice. In addition, the location of the building or the furnishings of the apartment play a role in any surcharges or discounts, although there are no fixed rates for these by law. The benchmark rent does not apply for buildings that were built after 1945 or residential units that have been newly created as part of an addition or renovation (attic conversion). The same applies for Category A and B apartments that are larger than 130 m2, Category D apartments, and apartments in listed buildings.