What is the Carrez law?
Limit abuse concerning the private surface area of real estate
Shon, Shob, cadastral surface, private, fiscal surface… This profusion in the measurement of surfaces had not escaped certain sellers, who took advantage of it to increase the surface area of housing. Result, massive litigation. The Carrez law of December 18, 1996 brought some order by forcing the seller to guarantee the surface area of the accommodation.
Carrez Law: definition
In order to protect the future buyer, the Carrez law, appearing in article 46 of the (amended) law 65-557 on the status of co-ownership, provides that all preliminary contracts, therefore the unilateral promise of sale and the compromise of sale and the notarized deed of sale itself, must mention the surface area of the private part of the lotthat is to say the housing, or the fraction of the lot when part of the housing is sold.
Professional, commercial and business premises are also covered by the Carrez law as long as they are located in a co-ownership.
Housing not affected by the Carrez law
On the other hand, the Carrez law does not concern housing sold off plan since, within the framework of a Vefa contract, the developer is already required by other legislation to indicate the surface area. The Carrez law also does not apply to individual houses (unless the house is part of a co-ownership) nor in cellars, garages and parking spaces.
What is the Carrez law surface?
Surface legal law
The Carrez law surface corresponds to the sum of floor areas of enclosed and covered premisesafter deduction of the areas occupied by walls, partitions, steps and stairwells, shafts and door and window openings. Only for private areas, where the ceiling height is at least 1.80 meters.
Property and surfaces concerned: rooms, mezzanine, corridors, stairs, attic, veranda, etc.
Certain surfaces, as long as they respect thefencing, coverage and minimum height criteriamust be taken into account in the calculation of the Carrez law surface area. These include:
- main parts;
- corridors;
- cupboards;
- converted attic;
- closed and covered verandas.
Margin of error living area
The Carrez law provides for a limited tolerance in the event of a measurement error. When the actual surface area of the property is less than more than 5 % to that mentioned in the deed of sale, the purchaser can take action to reduce the price, proportional to the difference noted. This action must be initiated within one year from the signing of the authentic deed.
On the other hand, if the actual surface area is greater than that indicated, the seller cannot claim any additional price.
No minimum surface area under Carrez law
There is no minimum surface area imposed by the Carrez law. On the other hand, the law sets a minimum height condition for a surface to be taken into account in the calculation. Only closed and covered, private areas with a ceiling height at least equal to 1.80 m.
How to calculate the surface area according to the Carrez law?
Base for calculating the Carrez law surface area
The surface area according to the Carrez law corresponds to the private surface area of an apartment in a building subject to the co-ownership regime. It is calculated from the floor area premises closed and coveredafter deduction of the areas occupied by walls, partitions, steps and stairwells, shafts, as well as door and window openings.
Excluded surfaces, practical scope and secure calculation
Cellars, garages, parking lots, lots or fractions of lots with an area of less than 8 m², as well as undeveloped basements meeting these criteria, are expressly excluded from the basis of the calculation. The Carrez law does not apply to a commercial premises outside co-ownership nor to a rental lease residential area, which falls within the habitable surface area defined by the Boutin law.
What is not taken into account in the Carrez law?
Excluded goods and areas: cellars, garages, terraces, gardens, etc.
Conversely, certain areas are expressly excluded from the calculation of the Carrez law area, either due to their natureor because they do not meet the legal criteria. Are thus excluded:
- the cellars;
- garages;
- parking lots;
- terraces, balconies and loggias;
- the gardens;
- all surfaces whose height is less than 1.80 m.
What is the minimum height taken into account by the Carrez law?
Only surfaces whose ceiling height is at least equal to 1.80 m can be integrated into the basis for calculating the surface area mentioned in the diagnosis given to the buyer at the time of the sale. Parts whose height is lower (slopes, lower mezzanines, etc.) are excluded, even if they are closed and covered.
Who can take surface measurements under the Carrez law?
The Carrez law does not require calling a professional for the footage. The owner of the premises can therefore carry out the measurement himself of the accommodation which he intends for sale. However, using a qualified professional (surveyor, real estate expert, architect, etc.) can provide security.
Of course, you have to pay fees, but it’s once and for all… Except in the case of work likely to modify the surface of the accommodation, such as the installation of a staircase or partitions.
What happens in the event of a conflict on the Carrez law surface?
Absence of mention of the surface area in the preliminary contract
When the surface area is not indicated in the compromise or the unilateral promise of sale, the sanction incurred is the nullity of the preliminary contract. In practice, this risk disappears if the buyer signs the authentic deed with the notary mentioning the surface area. In the event of absence of mention in the final act, the action for nullity is closed within one month.
Measurement error and price reduction
Disputes most often relate to a measurement error. If the real area is lower by more than 5 % (one twentieth) to that mentioned, the buyer may request a proportional reduction in the price. This action must be initiated within one year from the signing of the deed of sale, in accordance with article 46 of the law of July 10, 1965.
Legal tolerance and benefit of professional footage
When the difference is less than 5%, no action is possibleeven if the difference can represent several thousand euros. This legal tolerance places the economic risk on the buyer. Hence the interest, for both parties, of resorting to a call to a certified professional to secure the basis for calculating the surface area and prevent any subsequent dispute.
What is the difference between the Carrez law and the Boutin law?
Carrez Law: information for the buyer during a sale
The Carrez law concerns the sale of a apartment in a condominium building. It requires the mention of the private area in the deed of sale to protect the buyer. The calculation basis includes enclosed and covered surfaces of at least 1.80 m, excluding walls and partitions, and is based on the Carrez law diagnosis.
Boutin Law: protection of the tenant in the rental lease
The Boutin law applies to rental lease of housing. It defines the habitable surface area, excluding in particular walls, unfinished attics and basements. It does not concern sales or commercial premises. A lack of mention may make the lessor liable, hence the importance of calling a professional.
Michèle Auteuil
