What is the Carrez law?
You have often heard about it without knowing exactly what it is? It applies to the seller of a lot or fraction of a lot in a condominium. The latter is required to calculate the private surface area of the property and then mention it in the sales documents. Thus, the Carrez law aims to protect the buyers of lots or condominiums.
Definition of the Carrez law
The Carrez law allows to easily differentiate the private surface from the living surface. The private surface or surface area under the Carrez law defines the spaces for private use. Thus, the Carrez law is the article that defines this surface for private use in condominiums.
This regulation was born thanks to the deputy Gilles Carrez. Its application goes back to the year 1996.
Application of the Carrez law
It applies to all owners of condominiums. The latter are always measured before being put up for sale. Therefore, vertical condominiums or apartment condominiums are directly concerned by the Carrez law. Houses in subdivisions also called “horizontal co-ownership” are also subject to a measurement based on this Carrez law.
However, individual houses are not subject to this regulation. This is also the case of housing in sale in the future state of completion or VEFA. It is a law that applies to a property that is the subject of a sale in condominium.
This private surface must be seen in all sales agreements, life annuity sales, rent-to-own contracts and hire purchase contracts. It also accompanies the unilateral promises of sale and purchase.
The good reasons to apply the Carrez law
Its main goal is to optimize the rental conditions so that the tenant can get the maximum benefit. The Carrez law also allows to avoid disparities. The calculation of the private surface must be done in the same way. Seen from this angle, this law is also beneficial for sellers. With the Carrez law, the buyers do not risk to have differences of interpretation.
Calculation of the surface area under the Carrez law
The surface area under the Carrez law is equal to the floor area after deducting the areas occupied by walls and partitions. The elements included in the calculation of a private surface are: the fitted and un-fitted attics, verandas, basements and attics. Sheds and storerooms are also included in the calculation.
The measurement therefore considers the covered and closed premises, respecting the required dimensions. Only the surface area of the rooms is to be taken into consideration.
You should know that the measurement does not require the intervention of a professional. The owner can do it himself provided he has the required knowledge.