In a preoccupation with a protection of the purchaser, the salesman of a property must indicate the surface of it to the purchaser. It can be a question indifferently of a housing with use of dwelling, of a professional or commercial room. The legislation makes it possible to the purchaser to bring an action for annulment if the indication of surface does not appear in the sale contract.
The surface taken into account is that of the floors of the buildings closed and covered after deduction of the surfaces occupied by the walls, partitions, steps and stair-wells, sheaths, embrasures of doors and windows. The parts of the buildings a height lower than 1,80 meters are excluded from the field of application of the law as well as the batches or fractions of batches lower than 8 square meters. It is the same for the cellars, garages, and parking lots (boxings and parking spaces).
The mention of surface is obligatory in any promise or compromise of sale, failing this, the transaction can be cancelled. In addition, the purchaser can profit from a financial compensation equal to least measurement if the exact surface proves to be lower of more than 5% than that mentioned in the act (or promise).
If the surface is not mentioned in the sale contract, the purchaser can, within one month as from the signature, definitively to cancel the transaction. However, since the responsibility for the person officializing the sale can be called upon, one can estimate that the absence of mention of surface will be a rare fact.
If the real surface of the property proves to be lower of more than one twentieth (5%), from that mentioned in the act, then the purchaser can request a reduction in price proportional to the least measure to a one year deadline as from the final signature.
- Law n° 96-1107 of the 18/12/1996 ("Law Carrez")
Extract of the Journal officiel de la République française of December 19, 1996:
Law n° 96-1107 of 18 December 1996 improving protection of the purchasers of batches of joint ownership Article 1st. - article 46 of the law n° 65-557 of 10 July 1965 fixing the statute of the joint ownership of the built buildings is thus restored:
"Art. 46. - Any unilateral promise of sale or purchase, any contract carrying out or noting the sale of a batch or a fraction of batch mentions the surface of the privative part of this batch or this fraction of batch. The nullity of the act little to be called upon on the base of the absence of any mention of surface "This surface is defined by the decree in Council of State envisaged in article 47.
"the provisions of the first subparagraph above are not applicable to the cellars, garages, parking lots nor to the batches or fractions of batches of a surface lower than a threshold fixed by the decree in Council of State envisaged at article 47.
"the recipient in the event of commitment to sell, promising it in the event of undertaking to purchase where the purchaser to bring the action for annulment little, at the latest with expiry of deadline a one month as from the notarial act noting the realization of the sale.
"the signature of the notarial act noting the realization of the sale mentioning the surface of the privative part of the batch or the fraction of batch involves the forfeiture of the right to engage or continue an action for annulment of the promise or contract which preceded it, based on the absence of mention of this surface.
"If the surface is higher than that expressed in the act, the surplus of measurement does not give place to any additional charge"
If the surface is lower than more one twentieth with that expressed in the act, the salesman, at the request of the purchaser, supports a reduction in the price proportional to least measurement.
"the proceedings in reduction in the price must be brought by the purchaser within one year as from the notarial act noting the realization of the sale, hardly of forfeiture"
II - In the first subparagraph of article 43 of the law n° 65-557 of July 10, 1965 above mentioned, the words: "and 42" are replaced by the words: ", 42 and 46".
Article 2. - this decree is applicable in the overseas territories and in Mayotte.
Article 3. - the present law between into force at the end of a six months deadline as from its promulgation. It is not applicable to the notarial acts noting in the six months as from the date of entry into force of this law a sale actual before at this entry into force or intervening following a unilateral promise of sale or purchase of which the date is former to this entry into force, nor with the court orders noting a sale actual before with this entry into force.
The present law will be carried out like law of the state.
Fact in Paris, December 18, 1996.
- Decree n° 97-532 of the 29/05/1997 (definition of a privative surface)
Extract of the Journal officiel de la République française of May 29, 1997:
Decree n° 97-532 of bearing 23 May 1997 definition of the privative surface of a batch of Article joint ownership 1st. - It is inserted in the 17 the Mars decree 1967 referred to above, after article 4, three articles thus written: "Art. 4-1. - the surface of the privative part of a batch or a fraction of batch mentioned in article 46 of the law of July 10, 1965 is the surface of the floors of the buildings closed and covered after deduction of the surfaces occupied by the walls, partitions, steps and stair-wells, sheaths, embrasures of doors and windows. It is not held account of the floors of the parts of buildings a height lower than 1,80 meter.
"Art. 4-2. - the batches or fractions of batches of a surface lower than 8 square meters are not taken into account for the alcul of the surface mentioned in article 4-1.
"Art. 4-3. - the day of the signature of the notarial act noting the realization of the sale, the notary, or the administrative authority which authenticate convention, gives to the parts, against annotating or receipt, a simple copy of the signed act or a certificate reproducing the clause of the act mentioning the surface of the privative part of the batch or the fraction of sold batch, as well as a copy of the provisions of article 46 of the law of July 10, 1965 when these provisions are not included completely in the act or the certificate "
Article 2. - In the second subparagraph of the article R. 111-2 of the code of construction and the dwelling, the word: "splayings" is replaced by the word: "embrasures".
Article 3. - this decree is applicable in the overseas territories and the local authority of Mayotte.
Article 4. - the Minister of Justice, Minister for justice, the Minister for the equipment, housing, of transport and tourism, the minister delegated to overseas and the minister delegated to housing are charged, each one in what relates to it, of the execution of this decree, which will be published with the Journal officiel de la République française.
Fact in Paris, May 23, 1997.
Dec 18, 1996: Adoption in the Council of Ministers of the law Square.
May 23, 1997: Decree of n°97-532 application, signed as a Council of State.
May 29, 1997: Publication in the Official Journal of the Decree of application of the Law Square.
The law of December 18, 1996, known as Loi Square, came into force on June 19, 1997.