Any real estate advertisement must indicate the surface area of the accommodation. But the latter varies depending on whether it is to offer a rental or a purchase. Because a wrong surface can have serious financial consequences.
A sale in Carrez law
The seller of a condominium unit is required to indicate the private area as defined by the Carrez law. This measurement corresponds to the floor area of enclosed and covered premises, having deducted the walls, partitions, steps, stairwells, door and window casings and doorways. To be taken into account, attics, sheds, undeveloped attic or even the veranda must have a ceiling located at least 1.80 meters high.
Conversely, terraces, outdoor balconies and outbuildings such as the garage, cellar or garden are excluded.
Review the transfer price
The legislation makes measurement in Carrez law compulsory from the promise to sell and obviously in the final authentic instrument. It is also a guarantee for the buyer. Indeed, if he realizes a posteriori that the area is actually less than 5% less than what is mentioned in the deed of sale, he may bring an action to reduce the price against the seller within one year of the transfer. On the other hand, if he is happy to discover that the surface is larger than expected, the seller cannot ask him for an additional price.
Please note: the application of the measurement in Carrez law is not compulsory in the case of a detached house. However, non-compliance with the contract can always be invoked, which is why it is better to require that a measure be carried out and duly mentioned in the authentic instrument.
Living space in the viewfinder
Renting empty accommodation also requires mentioning the area in the contract. Except that we are talking in this case of the living area resulting from the Boutin law. The difference is subtle but real since we are only targeting here the spaces that are directly occupied. The attic, the veranda or the undeveloped attic space are therefore excluded, even if their ceiling height is more than 1.80 meters.
However, tenants too are victims of measurement errors. And it can make a big difference to the price. An individual who thought of renting a T2 of 45 m2 and discovers that it is only 35 m2? With a price of around 30 euros / m2 for a rental in Paris, these 10 m2 difference represents a rent difference of 300 euros per month.
An action for the tenant
Previously, injured tenants had no recourse. But the Alur law of 2014 put them on an equal footing with buyers. Consequently, if the tenant finds that the surface of his accommodation is at least 5% less than that announced in the lease, he can bring an action in reduction of rent proportional to the difference noted. However, only empty rentals are concerned whose leases were signed from March 2014.
To assert your rights, send a notice by registered mail to the lessor by the tenant to request this reduction. If he does not respond within two months or if he refuses, the tenant has four months from his initial request to seize the district court. In all cases, the new amount will take effect on the date of the request if the move in took place more than six months ago or will have a retroactive effect since the signing of the lease if the tenant has been in the premises for less time .
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