The requirement to indicate the unit size in all transfert and sale documents applies not only to built plots, but also undeveloped one. The residential plot with a private house, “lots pavilionnaires” in French, being part of an horizontal condominium are also concerned by this rule. The rule concerns all condominium lots, regardless of the assignment of the property (residential use, mixed, commercial, artisanal activity) and regardless of whether the sale concerns an individual or a professional.

Two major exceptions for this rule

When the whole building is sold, even if divided into lots: in that case, this is not considered as a condominium ownership, as a single owner is holding several lots.

As well, this requirement does not apply to lots which total area do not exceed eight (8) square meters, which excludes such units as basements, garages and parking spaces.

For all units concerned, the seller must implement the measurement of all the private parts of the plot consisting in closed and covered areas and deduce all the areas occupied by walls, partitions, steps and stairwells, ducts, doorways and windows, and parts of the unit less than 1.80 m high.

Although this is not mandatory, hiring a professional is strongly recommended, as the seller will be the guarantor of the areas correct measurement. Better to use the service of a technician who is engaging his liability in case of error.

Although the law does not specify it, the cost of the measurement often concerns the seller.

The mention of the surface size is required both in the front contract, and in the final deed of the sale, “acte authentique de vente” in French. The penalty in case the mandatory lots size is missing can be the nullity of the deed, that may be requested by the buyer within a month after the deed signature.

When the lot area mentioned in the deed is less than the actual one, the buyer has an action for price reduction. The action in warranty is objective, that is to say, independant of any other fault or fraud committed by the seller. The signature of the deed shall not deprive the buyer of this action.

The measurement error can be invoked as long as the lot area is lower by more than one twentieth (1/20) to what is written in the deed. The purchaser has a period of one year after the date of the deed signature to ask a price reduction. The refund will be proportional to the discrepancy.

When the actual area is higher than stated in the act, the surplus does not result in any additional charge. Carrez law does not confer any recourse to the seller in case of measurement error committed by him to his detriment.