When it comes to real estate, precision is definitely crucial. One of the keys to ensuring a successful transaction is the Carrez Law Diagnosis, an essential tool for measuring the private surface area of a property in co-ownership.
This diagnosis, mandatory upon sale, ensures total transparency between the seller and the buyer, thus avoiding any misunderstandings about the actual area of the property.
Discover here everything you need to know about the Carrez Law Diagnosis, its importance, and the consequences of potential measurement errors.
An element of the technical diagnostic file
The Carrez Law Diagnosis is a fundamental component of the technical diagnostic file (DDT) when selling a property in co-ownership. This file, often associated with the property valuation, includes several property diagnostics aimed at informing the buyer or future tenant about the state of the property.
Depending on the nature of the transaction (sale or rental), the property’s age, equipment, and geographic location, the composition of the DDT varies. All required diagnostics must be performed by a certified professional, ensuring the reliability of the information provided.
The Carrez Law Diagnosis: private surface area
Definition and Purpose
Since December 18, 1996, any sale deed of a property in co-ownership must include the Carrez Law Diagnosis. This diagnosis establishes the private surface area of the sold lot, excluding areas occupied by walls, partitions, steps, stairwells, ducts, and door and window frames.
The primary goal of this diagnosis is to avoid any discrepancies between the seller and the buyer regarding the property’s area. Consequently, the Carrez Law ensures maximum transparency during real estate transactions, thus minimizing potential disputes.
For those consulting Paris real estate listings, this guarantees clear and precise information on the area of the offered properties.
The Carrez Law Measurement
The Carrez Law measurement includes any surface located on a closed and covered floor, including exterior annexes, non-converted attics, verandas, and basements, provided the ceiling height reaches or exceeds 1.80 m.
Excluded from this calculation are partitions, walls, steps, stairwells, door and window frames, technical ducts, lots smaller than 8 m², garages, cellars, and parking or storage spaces.
Finally, the diagnosis must be performed by a trained and certified professional to ensure an accurate and reliable measurement of the private surface area.
Validity of the Diagnosis
The Carrez Law Diagnosis is valid indefinitely, except if work modifying the property’s surface area is carried out. Thus, any modification such as enlargement, the addition of a staircase, or the removal of a partition requires a new measurement.
Updating this diagnosis is essential to ensure a real estate transaction complies with current regulations, thus protecting the interests of both parties.
Absence or Error in the Carrez Law Measurement
The absence of the Carrez Law measurement in the pre-contract (preliminary or promise of sale) or in the authentic sale deed may result in the sale being canceled within 30 days of signing. Additionally, if the buyer finds a surface area that is 5% or more less than the area mentioned in the diagnosis, they can request a reduction in the sale price proportionate to the difference observed. This request must be made within one year after the signing of the authentic sale deed.
It is therefore imperative for sellers to ensure the accuracy and updating of their Carrez Law Diagnosis to avoid any disputes from the buyer. To prevent any litigation, it is recommended to have this diagnosis carried out by a certified professional, whose professional insurance will cover any measurement errors.
Reducing the Cost of Property Diagnostics
To reduce the cost of property diagnostics, we recommend using a single professional for all required diagnostics. This approach will allow you to benefit from a favorable price as part of a package offer.
Generally, the cost of the Carrez Law Diagnosis ranges from €50 to €150, depending on the size of the property to be measured.
In summary, the Carrez Law Diagnosis is essential for any sale of a property in co-ownership. It establishes the private surface area of the sold lot, ensuring maximum transparency between the seller and the buyer. Conducted by a certified professional, this diagnosis has an unlimited validity, except in the case of work modifying the property’s surface area.
To avoid any disputes and ensure a compliant real estate transaction, it is crucial to keep this diagnosis updated and ensure its accuracy. Finally, to reduce costs, it is recommended to have all property diagnostics performed by a single professional.
