Selling real estate: the Carrez measurement act

The expert proposes on-site measurements such as those defined in the Act of 18th December (96-1107) Official Journal of 19th December 1996 and the order respecting the application of no. 97-532 of 23rd May 1997.
The measurements taken by a qualified construction technician specifically trained for this mission, guarantee the accuracy of information, exonerate you from any legal risk, and encourage the transparency of the transaction.

By these regulatory procedures, the expert agrees to:

• inform the occupants of the premises of his/her mission
• analyse the composition of the lot(s) according to the documents entrusted
• take measurements on the site
• provide the original certificate

Extract of the legislation

• Act no. 65-557 of 10th July 1965

Article 46: All unilateral undertakings to sell or purchase, all contracts carrying out or noting the sale of a lot or of a fraction of a lot mention the surface area of the private part of this lot or fraction of lot. The legal document can be declared null based on the absence of any mention of surface area.

This surface area is defined by decree in the Conseil d’Etat as provided by Article 47.

The provisions of the first sub-paragraph above do not apply to cellars, garages, parking spaces, lots, or fractions of lots with a surface area smaller than the threshold set by the decree in the Conseil d'Etat as provided by Article 47.

The beneficiary in the case of an undertaking to sell, the promisor in the case of an undertaking to purchase, where the buyer can bring an action in nullity, no later than after one month has elapsed as of the official deed of sale.

The signature of the official deed of sale mentioning the surface area of the private part of the lot or of the fraction of the lot involves forfeiting the right to engage or continue an action in nullity for the undertaking or contract that preceded it, based on the absence of any mention of this surface area.

• If the surface area is more than the one expressed in the instrument, the surplus measurement generates no extra price whatsoever.
• If the surface area is less than a twentieth of that expressed in the legislation, the seller, at buyer’s request, will support a reduction in the price proportional to the least measurement.

The action to reduce the price must be engaged by the buyer within one year of the official deed of sale, subject to penalty.

• Act no. 67-223 of 17th March 1967

Article 4-1 The surface area of the private part of a lot or of a fraction of lot, mentioned in article 46 of Act of 10th July 1965, is the surface area of the floors of closed and covered premises after deduction of the surface areas occupied by walls, panels, stairs, and stairwells, liners, door and window recesses. Floor areas for parts of the premises less than 1.80 meters high are not considered.
Article 4-2 Lots or fractions of lots with a surface area of less than 8 cubic meters are not considered for calculating the total surface area mentioned in article 4-1.
Article 4-3 On the day the official deed of sale is signed, the Notary or administrative authority who authenticates the agreement, gives a single copy of the signed deed back to the parties, against a signature in the margin or receipt, or a certificate reproducing the clause of the deed mentioning the surface area of the private area of the lot or of the fraction of sold lot, as well as a copy of the provisions of article 46 of the Act of 10th July 1965 when these provisions are not completely reproduced in the deed or certificate.