Quelle différence entre surface totale et surface loi Carrez ?

The living area and the Carrez law area have one thing in common. They are both composed by the surface of the floors of the constructions. Only, it is necessary to deduct the spaces occupied by the partitions, the walls, the cages, the steps of the stairs with the doors and the windows. If such is the resemblance, what differentiates the total surface from the Carrez law surface?

Difference in the layout of the spaces concerned

The Carrez law considers unfinished attics, with reserves, shed and veranda. However, the ceiling height of these rooms must be equal to or greater than 1.80 m. The area of ​​these rooms is therefore part of the Carrez law area.

Like the Carrez law area, the living area concerns only the fitted out spaces. It targets areas that are automatically habitable. Thus, the living area immediately excludes the area of ​​attics, verandas, sheds and storerooms.

Legal acts requiring their mention

Some legal acts require the mention of the Carrez law, but deny the mention of the living space. It all depends on the type of property being sold or rented.

As a concrete example, the Carrez law is only useful in the sales documents for condominium lots. But again, they must have an area of ​​at least 8 m². The Carrez law area must imperatively be found in the preliminary contract as well as in the authentic deed of sale. However, the Carrez law area does not apply to individual houses.

The living area, on the other hand, is required in the lease contract in the case of rental accommodation. But mention of the living area is required if and only if the rental accommodation is a main residence. In the case of a seasonal rental, it is not compulsory.

Measurement accuracy is required

The measurement of the living area and the Carrez law area does not require the intervention of a specialist. It is not mandatory, of course, but it is more advantageous for the owner.

In the event of a measurement error and if the deviation reaches 5% compared to the actual measurements, then the owner is at great risk. This, because the buyer can claim a reduction in the sale price.

Then, false information in the lease contract can encourage the tenant to ask for a reduction in rent. The rate of reduction that he will ask for depends on the difference observed between the measurements given and the reality. Therefore, the intervention of a specialist is still essential.

In short, you have to know how to differentiate the living area from the Carrez law area. It is by knowing the difference that you can properly complete the legal acts related to the sale or rental.

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