Living space Boutin law: diagnosis, measurements and sanctions

The Boutin law, known as the mobilization for housing and the fight against exclusion, regulates the rental of real estate. Promulgated in 2009, it requires that any rental contract specify the living space of the rented accommodation. What is the minimum surface area of ​​a rental property? What surfaces should be taken into account in the calculation? Which ones to exclude? What does the lessor risk in the event of non-compliance? Focus on the Boutin law.

Video Capital: Living space Boutin law: diagnosis, measurements and sanctions

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What is the Boutin law?

A law to regulate the rental of real estate

The Boutin law refers to law n°2009-323 of March 25, 2009. Known as mobilization for housing and the fight against exclusion, it came to regulate the rental of real estate. The measures in this law aim to expand access to decent housing for all. The Boutin law only applies to accommodation rented empty as a primary residence. It does not apply to furnished accommodation or seasonal rentals.

Obligation to mention the living space in the rental contract

In this context, the Boutin law aimed to bring transparency to owner-tenant relationships. It thus amended law no. 89-462 of July 6, 1989 by requiring the mention of the living space in each rental contract (article 3 of law no. 89-462 of July 6, 1989).

What is the minimum height and surface area of ​​rental accommodation?

Article 6 of Law No. 89-462 of July 6, 1989 requires the owner to provide the tenant with decent accommodation. However, article 4 of decree n°2002-120 of January 30, 2002 relating to the characteristics of housing provides that the accommodation offered for rental has at least one main room having either:

• A living area of ​​at least 9 m² with a ceiling height of at least 2.20 m,
• A volume of at least 20 m³.

The living space listed in the lease must therefore meet these criteria.

What surface areas should be taken into account when calculating rental accommodation?

The rules for calculating the habitable surface area are clearly set out in article R156-1 of the Construction and Housing Code. This provision provides that the habitable surface area of ​​a dwelling is the constructed floor area after deduction of the areas occupied by:

• walls,
• partitions,
• steps and stairwells,
• sheaths,
• door and window openings.

Please note, the habitable surface area does not take into account parts of premises whose height is less than 1.80 meters. Also, for example, any room with a ceiling of 1.78 m will be excluded from the calculation.

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Which rooms do not count towards the living space?

In addition to rooms with a ceiling height of less than 1.80 m, the following elements are not taken into account when calculating the living space:

• unfinished attic,
• cellar,
• basement,
• discount,
• garage,
• terrace,
• loggia and balcony,
• dryer outside the home,
• veranda and other outbuildings of the accommodation.

These parts of the accommodation should therefore be excluded from the calculation to be carried out.

How to calculate the living space according to the Boutin law in m²?

The owner of the home can perfectly calculate the living space of his property himself by taking a meter and taking the necessary measurements. But be careful, you will have to respect the rules provided for by the Boutin law and determine which parts of the home to measure (exclude any basements, cellars, loggias, balconies, etc.). The procedure is simple: simply proceed room by room, measuring each of them, excluding the parts of the home whose height is less than 1.80 m.

Who should I contact for the diagnosis of living space?

If you do not wish to carry out the calculation yourself, it is perfectly possible to use the services of companies specialized and approved in carrying out technical diagnostics in order to have the measurement of the habitable surface area carried out. The error rate will be reduced and the owner will thus obtain a document attesting to the measurement. Future tenants could also be reassured by the presentation of a professional document even if it is not obligatory.

What are the differences between the Boutin law and the Carrez law?

Carrez Law: calculation of the private surface area of ​​a co-owned property

In this matter, things are quite simple. Unlike the Boutin law, which provides for a habitable surface area applicable to rental, the Carrez law provides for the calculation of the private surface area of ​​real estate belonging to a co-ownership. The communication of the Carrez law diagnosis constitutes an obligation in the context of the sale of a home.

A very similar measurement

However, the measurement is very similar to that of the Boutin law. The calculation of the surface area provided for by the Carrez law differs from that of the Boutin law only in that it admits unfinished attics, attics, sheds and verandas as long as their ceiling height is at least 1.80m .

What are the sanctions for an owner who does not respect the Boutin law?

Formal notice from the lessor

Article 3 of Law No. 89-462 of July 6, 1989 expressly provides that in the event of absence in the rental contract of any information relating to the living space, the tenant may, within a period of one month from the date the rental contract takes effect, give the lessor formal notice to include this information in the lease. In the absence of a response within one month or in the event of refusal, the tenant may then contact the competent court in order to obtain a reduction in the rent. The law does not provide for this, but one can imagine that a judge seized of this question could declare the lease null and void at the request of the tenant.

Request for a reduction in the amount of rent

Finally, let us specify that when the habitable surface area of ​​the rented property is less than one twentieth of that expressed in the rental contract, the tenant may claim a reduction in the amount of the rent proportionally (article 3-1 of law no. °89-462 of July 6, 1989). If, on the contrary, the error is in favor of the tenant, the lessor will not be able to increase the rent.