For rental, as for sale, the mention of the surface of housing is important and even mandatory.
In real estate, we distinguish the living space of the surface law Carrez. What are the elements that distinguish them? In which cases should they be mentioned?
What is the living space?
As its name indicates, the living space takes into account all the spaces in which you can live: living room, kitchen, bedroom, office, bathroom, attic … It is defined by the Code of the construction and of housing.
It is the calculation of the floor area to which the area of walls, stairs, doors, windows, etc. is removed.
In the calculation of the living space, we do not take into account spaces such as the cellar, the garage, the balcony, the terrace, the loggia, the veranda, the attic undeveloped and any surface whose ceiling height is less than 1.80 m.
The calculation of the living space is done during a real estate sale but also during a rental.
What is the surface called “Carrez law”?
The Carrez law surface or Carrez area is only calculated for the sale of a condominium lot. It delimits the area of the private portions of the lot and must be mentioned in the deed of sale and even in the sales agreement.
The calculation of the Carrez law surface is identical to that of the living space. It is necessary to measure the floor space, from which the area occupied by the walls, doors, stairs … and the surfaces whose ceiling height is less than 1.80 m.
Unlike the calculation of the living space, attic, verandas, walk-in closets and even some large closets are taken into account in the calculation of the Carrez law area.
Who should take measurements (living space or Carrez law)?
Unlike other mandatory diagnoses, it is not mandatory to use a professional to calculate the living space and Carrez law.
This approach is strongly recommended – especially in the case of a real estate sale – to avoid any dispute.
What happens if there is a calculation error on the surface?
The margin of error in the calculation of the area is 5%. Measures favorable to the tenant or the purchaser are possible in case of finding a surface smaller than that indicated but not in case of superior surface.
Since the 2014 ALUR Act, if the tenant finds a living space more than 5% less than the area indicated in his lease, he can claim from his lessor, and if necessary in court, the revision of the rent amount Consequently.
For the sale of a lot in co-ownership, the absence of mention of the Carrez law surface in the deed of sale may result in the nullity of the sale. In the event of an error greater than 5% identified in the year following the acquisition, the buyer may request a reduction in the purchase price.