"This law of December 18, 1996, integrated into article 46 of  the law of July 10, 1965, obliges the seller of a lot in co-ownership, since the lot is at least equal to 8m², to be mentioned in the preliminary contract and the notarial deed of sale, the area of its private part. Only " " is taken into account the area of the floors and the enclosed and covered premises after deduction of the surfaces occupied by the walls, partitions, steps and stairwells, shafts and door and window embrasures". This calculation does not include the "additional co-ownership lots. (Cellars, balconies, terraces, garages, etc. .) nor rooms whose height is less than 1.80 m.

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The law does not require the intervention of an expert because the seller can calculate this area himself. If the preliminary contract and the notarized deed of sale do not mention this area, the purchaser may request the cancellation of the sale before the TGI if it is at the latest on the expiry of a period of one month from the authentic deed of sale. If the actual area is greater than that mentioned in the deed,  the seller is not entitled to claim an additional price.


But if the actual surface area is inférieure de more than 1/20th, i.e. 5% to that indicated in the deed, the purchaser may sue in front of the TGI an action of reduction of the price proportional to the missing square meters. He must act within one year of the authentic deed of sale.
The Carrez law surface area does not apply to sales of individual houses or to sales of housing in the future state of completion. It also does not apply to leave for sale issued by the lessor owner to his tenant in application of article 15 of the law July 1989."



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Article extracted from the essentials of real estate law 2012-2013, written by Pascale Clerc-Foechterlin   and published by Gualino editions.