Law Square: Certificate of surface - certificate of surface

The law Carrez makes compulsory the mention of the surface of the sold good, when this one was bought in joint ownership. This one must be mentioned in the commitments to sell or D’purchase and in any sale contract D’a batch of joint ownership which qu’is the destination: apartments, houses in collective real programs, offices and trade, with L’exception in particular of the cellars, garages, parking lots and certain buildings of low surface.

The surface concerned is that of the floors, of the closed and covered buildings, out those of which the height under ceiling is lower than 1,80 meter, after deduction of the surfaces occupied by the walls, partitions, steps, cages D’staircase, sheaths, embrasures of doors and windows (for the portion large œuvre concerning common parts). In are also excluded the terraces and the balconies, even S’they were transformed into loggias. On the other hand, the wall cupboards, S’they leave the ground and have a height of ceiling higher than 1,80 meter, can be included in this surface.
Article 4-2 specifies that "the batches or fractions of batches of a surface lower than 8 m2 are not taken into account for the calculation of the privative surface". It can be the case, for example, of a room of good. In the same way, the cellars, garages, parking lots, boxings or parking spaces sold in separate batches are not entered.

If the mention of the surface misses commitment to sell or D’purchase, or compromise, L’purchasing can require L’cancellation of L’notarial act noting the sale. However, this action for annulment becomes impossible if the mention of the surface appears in L’notarial act of sale, even if it were omitted in the promise or the compromise of sale.

If the surface mentioned in L’act is inaccurate, L’purchasing can ask for a fall of price proportional to L’error of measurement when real surface is lower of more than 5 % than that indicated in L’act, and this during a deadline D’one year as from the signature of L’notarial act.

Note: The law square protects the purchasers from goods bought in joint ownership. It S’thus does not apply to the purchasers D’a house (including lorsqu’it belongs to a unit organized in the form D’free property owners' syndicate, this unit not constituting a joint ownership).

Text of law: Decree No 97-532 of May 23, 1997

Decree No 97-532 of bearing 23 May 1997 definition of the privative surface of a batch of joint ownership
The Prime Minister, On the report/ratio of, the Minister Minister of Justice for justice, the Minister for the equipment, housing, transport and tourism and the minister delegated to housing, Considering the code of construction and for the dwelling, and in particular its article R. 111-2; Considering the law No 65-557 of 10 July 1965 modified fixing the statute of the joint ownership of the built buildings, and in particular its article 46 introduced by the law No 96-1107 of 18 December 1996 improving protection of the purchasers of batches of joint ownership; Considering the decree No 67-223 of March 17, 1967 bearing payment of public administration for the application of the law No 65-557 of 10 July 1965 fixing the statute of the joint ownership of the built buildings; The Council of State (section of the interior) heard, Issues:

Article 1st. - It is inserted in the decree of 17 March 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 the 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 calculation 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 the 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 > >
Art. 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 > >.
Art. 3. - This decree is applicable in the overseas territories and the local authority of Mayotte.
Art. 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.

Alain Juppe By the Prime Minister: Minister of Justice, Minister for justice, Jacques Toubon the Minister for the equipment, housing, transport and tourism, Bernard Pons the minister delegated to overseas, Jean-Jacques de Peretti the minister delegated to housing, Pierre-Andre Périssol