LOI CARREZ
THE LAW
The law n°96-1107, also called law Carrez, of the 18th of December 1996 improves the protection of the vendees of joint ownership batches.
The article 46 of the 10th of July 1965 fixes the statute of the joint ownership of the constructed buildings is thus re-established:
"Art. 46- All unilateral sale promise or undertaking to purchase, all the contracts that realize or establish the sale of a batch or of a fraction of batch must mention the surface area of the private part of this batch or part of this batch. The annulment of the official record can be invoked on the base of a lack of any mention of surface area.
This surface area is defined by the decree in Council of State planned by the article 47.
The provisions of the above first paragraph are not applicable to cellars, garages, parking sites nor to the batches or fractions of batches which surface areas are inferior to a threshold that is determined by a decree in Council of State planned by the article 47.
The beneficiary when there is a sale promise, promising it if there is an undertaking to purchase otherwise the vendee can institute proceedings for annulment, at the latest within a delay of one month after the authentic document that establish the sale.
The signing of the authentic document that establishes the realisation of a sale and which mentions the surface area of a privative part of a batch involves the loss of the right to institute proceedings for annulment of the agreement that would be founded on the lack of mention of the surface area.
If the surface area is superior to the one expressed in the bill, the measurement surplus does not involve any extra charges.
If the surface area is inferior of more than one twentieth than the one expressed in the official record, the vendor, if the vendee asks for, have to bear the diminishing of the price proportional to the least measure.
The action for the diminishing of the price must be instituted by the vendee in a delay that must not exceed one year after the signing of the authentic document that establishes the realisation of the sale".
THE DECREE
The decree 97-532 of the 23rd of May 1997 includes the definition of the private surface area of a joint ownership batch.
Art. 4-1 – The surface area of a batch or of a fraction of batch that is mentioned in the article 46 of the law of the 10th of July 1965 is the floor area of the properties that are covered and close after the deduction of the walls, partitions, steps and staircases, shafts, doors and window recesses. The parts of the properties that have an height inferior to 1.80m are not taken into account.
Art. 4-2 – The batches or fractions of batches which surface area is inferior to 8 square-meters are not taken into account in the calculation of the surface area that is mentioned in the article.
Note: a fraction of batch is a part of a batch that was considered as a fraction before the publishing of an amendment of batch division that must be established before the sale.
Remark: The designations of rooms are the result of an observation of the visible destinations of the batches. A juridical analysis is essential to obtain the destination and the assignment of properties (Title and leases have to be communicated).
Restore the soul of a building and refind its history