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Posted by dlmarlow - Created: 17 years ago
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4 replies (Showing replies: 1 to 4)

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Posted by dlmarlow - 17 years ago

Thank you so much folks. I understand the rules for apartments. It sure is different for houses. Geez I feel a bit dumb as I never ever looked for the square footage within my own comprimis after the immobilier told me the size of the house when I bought this place 3 years ago and this information is NOWHERE listed within my house deed....goodness! The walls within the house are about one meter thick, (200 year old bergerie). The buyer became animated that his own internal measurments added up to a smaller house then what I had adverstised. I will contact the NOTAIR. I don't have an estate agent as he found the house from a website advert...well so it goes....

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Posted by Icarus-184675 - 17 years ago

It appears to be even more complex than that!

The passage above is from something called the 'Loi Carrez' which defines the measurements and how they are made.


The Loi Carrez only applies to appartements in 'Copropriataires' i.e. several flats under one roof with an association which owns the common bits. So it doesn't apply.


It would seem disingenous to the point of fraudulent to suggest that counting walls is standard in France even for houses, so I guess you could claim that you were being misled - bet he didn't make that statement on paper.

The first advice seems like the best check with your Notaire - fast!  

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Posted by legend_in_my_lunchtime-182603 - 17 years ago

the formula for "surface habitable" is defined by article R111 of the Code Civil, notably articles 111-1 and 111-2.

I extract a few sentences that will clarify things for you;

La surface habitable d'un logement est la surface de plancher construite, après déduction des surfaces occupées par les murs, cloisons, marches et cages d'escaliers, gaines, ébrasements de portes et de fenêtres ; le volume habitable correspond au total des surfaces habitables ainsi définies multipliées par les hauteurs sous plafond.Il n'est pas tenu compte de la superficie des combles non aménagés, caves, sous-sols, remises, garages, terrasses, loggias, balcons, séchoirs extérieurs au logement, vérandas, volumes vitrés prévus à l'article *R 111-10, locaux communs et autres dépendances des logements, ni des parties de locaux d'une hauteur inférieure à 1,80 mètre.

So you can see that you do BEGIN with a measurement of the outside dimensions of the constructed floor area but from that you subtract all internal partitions, walls and non-finished space.  The way you have gone about it by adding up the floor area of all the individual rooms is a fair way to do it which would show slightly less than the actual habitable because you will probably miss a few corners and joining areas but you should NOT be seeing 40 sq. metres of discrepancy.  In any case, the taxes foncieres should show the legally defined surface area and the agent should have a case to answer if the advertised area is different from the legally defined area.  As previous response has said, the notaire should have the final word and you can indeed make this a point of clarification prior to signing.

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Posted by Baker-184525 - 17 years ago

I guess your "notaire" will be able to help you.