When buying a property, whether it's an apartment, a condominium house, or a commercial property, the question of the property’s surface area is essential. A term that often comes up in this context is "private area." But what exactly does this mean, and why is it so important when buying real estate?
What is a private area?
The private area of a property refers to the space reserved for the use of its occupant or owner. In other words, it is the interior surface area of the property that the buyer can use, but excludes common areas. For a condominium apartment, for example, this area includes all the rooms of the apartment (living room, bedrooms, kitchen, etc.), but does not include hallways, stairs, elevators, shared gardens, or communal garages. It’s important to note that, for condominiums, the private area does not include exterior walls or shared elements, even if they are mentioned later on.
This concept is important because the private area can directly influence the value of the property and, consequently, its selling price. The larger the private area, the higher the property will be valued.
The private area and the Carrez law
In France, the Carrez law (law no. 96-1107 of December 18, 1996) is a regulation that governs the measurement of private areas for properties in co-ownership. This law aims to ensure that the area indicated in a sales agreement is accurate and measured precisely according to strict criteria. But what exactly does the Carrez law cover?
• It requires the mention of the private area in the sales deed of a co-owned property.
• It excludes certain areas such as balconies, walls, partitions, and non-habitable spaces. It also excludes areas such as attics and basements that are not converted into living spaces.
• It specifies that only spaces with a ceiling height of more than 1.80 meters are taken into account.
Thus, the Carrez area is a precise measurement of the space that is actually usable in a property. This surface area is used to determine the price per square meter when selling an apartment or a property in co-ownership.
Which properties are subject to the Carrez law?
The private area and the different calculation methods (Carrez, Boutin) help you make clear decisions when buying or selling real estate.
The Carrez law applies to all properties in vertical co-ownership (apartments, commercial premises, etc.) or horizontal co-ownership (houses in a development) with a surface area of at least 8 m². This includes apartments, service rooms, and certain types of co-owned houses. Some transactions involving co-owned houses, such as those in a development, require the mention of the Carrez surface. If you are buying such a property, the seller must provide the Carrez surface area of the property.
Caution: The Carrez law does not apply to individual houses or properties sold off-plan. However, it is also important to remember that the mention of the surface area remains a key point to avoid any future disputes.
The private area for a house: a special case
For individual houses, the situation is different. Indeed, the Carrez law does not apply to houses that are not in co-ownership. This means that, when purchasing an individual house, it is not mandatory to mention the private surface area according to the Carrez criteria. However, it may be useful to ask the seller to provide an accurate estimate of the usable area to avoid confusion.
In the case of a house in co-ownership, on the other hand, the mention of the Carrez surface will indeed be required.
What happens if the Carrez surface is incorrect?
The Carrez law requires precise measurement of the private area, but if a seller announces an incorrect surface, the buyer may request a revision of the price or, in some cases, cancel the sale. If the measured surface is more than 5% smaller than what is stated in the sales deed, the buyer can obtain a proportional price reduction, calculated based on the price of the property, which can lead to a significant reduction in the purchase price. The buyer can also request the cancellation of the sale within one month of the signing of the final deed if the Carrez surface is not indicated. It’s also important to emphasize that, even if the measurement is not wrong, the buyer can request a price reduction if the Carrez surface is not mentioned in the sales deed, as this mention is mandatory.
The difference between the private area and the habitable area (Boutin law)
There is another important concept in real estate: the habitable area, governed by the Boutin law. This law, which primarily applies to rental leases, defines the habitable area as the surface area measured after subtracting non-habitable spaces, such as walls, partitions, stairs, cellars, garages, or balconies. In summary, the habitable area is smaller than the private area according to the Carrez law.
Key differences:
• The Carrez law applies to sales of co-owned properties and includes all private spaces, except those with a height of less than 1.80 meters.
• The Boutin law applies to rental leases and additionally excludes other areas such as unconverted attics or cellars.
Conclusion
The private area of a property plays a crucial role in the purchase process because it determines not only the use of the space but also the value of the property. In France, the Carrez law strictly governs the calculation of this area for properties in co-ownership, thus protecting the buyer from unpleasant surprises. To fully understand the transaction, make sure that the surface area of your future property is measured correctly and transparently mentioned in all legal documents. Even if the Carrez law does not apply to individual houses, the mention of the surface area remains a key point in any real estate transaction to avoid ambiguity. For more information, feel free to consult one of our many Capifrance advisors.
FAQ:
What should I do if the Carrez measurement is missing or incorrect?
If the Carrez measurement is missing or incorrect, the buyer can request a price reduction based on the surface area discrepancy, calculated according to the price per square meter.
Can the Carrez measurement be done by the owner themselves?
No, the Carrez surface must be measured by a qualified professional, such as a surveyor, to ensure an accurate measurement in accordance with the standards.
Is it possible to contest the Carrez surface after purchasing a property?
Yes, it is possible to contest the Carrez surface after purchase, but only if the error exceeds 5% of the stated surface area, and this must be done within one month after signing the final deed.
Author:
Frédéric Rémy - Director of Commercial Performance
A professional in the real estate sector for several years within the Capifrance network, I would like to share with you essential advice to help you succeed in your real estate project with our advisors.
