The Carrez law applies to buildings to be constructed

A manufacturer, who argued that the sales contract should expressly specify this, saw his argument dismissed by the Court of Cassation.

A couple had bought an apartment in a building to be built and, several months later, had its surface area inspected before taking possession. Noting that more than 9% of the announced surface area was missing, he demanded a price reduction and compensation.

The apartment being on the top floor, the builder counted the floor area and not the area corresponding to a minimum of 1,80m under ceiling, as required by the Carrez law of 1996. The law, he said, requires that the sales file signed before construction mentions the surfaces and not the “habitable surfaces”. He deduced from this that without a specific agreement mentioned in the deed of sale, it is not required that these surfaces be those required by the Carrez law, that is to say the total surface area reduced by areas of less than 1,80, XNUMXm, doorways, thicknesses of walls and partitions, stairwells, etc.

But for the Court of Cassation, according to the general rules indicated for the construction of buildings in the construction and housing code, the areas announced and indicated in the deed of sale of the building not yet constructed, which imposes for the buyer to pay funds, must be the approximate living areas.

(Cass. Civil 3, 18.3.2021, K 19-24.994).