Qu’est-ce que la loi Carrez ?

Have you often heard it spoken without knowing exactly what it is? It applies to the seller of a lot or fraction of a co-ownership lot. The latter is required to calculate the private area of ​​the property and then mention it in the sales documents. Thus, the Carrez law aims to protect buyers of lots or condominiums.

Definition of the Carrez law

The Carrez law makes it easy to differentiate the private area from the living area. The private area or Carrez law area defines the spaces for private use. Thus, the Carrez law is the article that defines this area for private use within condominiums.

This regulation was created thanks to the deputy Gilles Carrez. Its application dates back to the year 1996.

Application of the Carrez law

It applies to all condominium owners. These are always measured before being put on sale. As a result, vertical co-ownerships or apartment co-ownerships are directly concerned by the Carrez law. Houses in subdivisions, also called « horizontal co-ownership », are also subject to measurement based on this Carrez law.

However, individual houses are not subject to this regulation. This is also the case for homes for sale in the state of future completion or VEFA. It is thus a law that applies to a property that is the subject of a sale in co-ownership.

This private area must be seen in all sales agreements, life annuity sales, rental-accession and rental-purchase contracts. It also accompanies unilateral promises of sale and purchase.

Good reasons to apply the Carrez law

Its main purpose is to optimize rental conditions so that the tenant can derive maximum benefit.

The Carrez law also makes it possible 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, buyers are not likely to have differences of interpretation.

Calculation of the surface in Carrez law

The Carrez law surface is equal to the surface area of ​​the floors after deducting the surfaces occupied by the walls and partitions. The elements included in the calculation of a private area are: finished and unfinished attics, verandas, basements and attics. Discounts and reserves are also included in the calculation.

The footage therefore considers covered and closed premises, respecting the required dimensions. Only the surface of the parts is to be taken into consideration.

Know that the footage does not require the intervention of a professional. The owner can do it himself provided he has the required knowledge.


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