Surface Carrez Below VEFA Contract in Nice: Calculation and Recourse

VEFA — ISSUES

You’ve just received the keys to your new apartment in Nice. You pull out the laser tape measure, you measure the living room: 22.5 sqm instead of the advertised 24 sqm. The bedroom? 11.8 sqm instead of 12.5. No doubt about it, the Carrez surface area is below what was stated in your VEFA contract. You’re not alone: a recent study shows that nearly one in three new-build homes has a surface discrepancy of more than 2%.

What you see — and what it actually hides

The developer handed you the VEFA floor plan with neat, precise figures. You compare it with your laser measure: the walls are indeed there, but the numbers don’t add up. Why? Because the Carrez Law excludes certain areas: walls, partitions, door recesses, zones with a ceiling height below 1.80 m. What you measure sometimes includes elements that should be deducted. But even after correcting for that, the gap remains.

Frankly, this isn’t rare — we’ve seen it dozens of times along the Côte d’Azur. One developer had « forgotten » to deduct the volume of a utility duct. Result: 3.2 sqm less than the contract stated. What nobody tells you: developers often work from theoretical plans, not the actual as-built survey. Site tolerances (out-of-square walls, plaster thickness) can account for a 1 to 2% loss of surface area on their own.

The calculation that changes everything: actual vs. contractual Carrez surface

The Carrez Law (Article 46 of the law of 10 July 1965, restated in Article L. 261-11 of the French Construction and Housing Code) requires the floor surface of enclosed, covered rooms to be measured after deducting walls, partitions, stairs, ducts, and any area with a ceiling height below 1.80 m. The formula: S_Carrez = Σ (surface of each room measured at floor level, minus excluded elements).

Take a concrete example in Nice: your apartment was advertised at 50 sqm. You measure: living room 24 sqm, bedroom 12.5 sqm, kitchen 8 sqm, bathroom 4 sqm, hallway 1.5 sqm. Gross total = 50 sqm. But after deducting the walls (average thickness 15 cm, 20 m of linear wall, i.e. 3 sqm), the partitions (1.5 sqm), a utility duct (0.8 sqm), and a cupboard under a sloped ceiling (0.5 sqm), the Carrez surface drops to 44.2 sqm. That’s a 5.8 sqm gap — 11.6%.

What’s the tolerance threshold? Case law generally accepts around a 5% discrepancy for new-build homes. Beyond that, the developer must reduce the price proportionally or compensate you. Here, 11.6% is well above that threshold. In practical terms, you can demand an 11.6% price reduction on the property’s value — €23,200 on a €200,000 purchase.

What happens if you do nothing

Waiting means risking your rights. The Carrez surface guarantee is a legal guarantee, but you must act quickly. After one year from handover, some courts consider that you’ve accepted the premises as they are. Without recourse, you’re also left with an overvalued property that will sell for less. The loss can reach 10 to 15% of the property’s value.

Over the longer term, a surface discrepancy can also affect the calculation of co-ownership charges (often based on ownership shares, which are themselves tied to surface area). And if you want to resell, the future buyer will have the property measured by an expert and will discover the gap — forcing you to lower the price. It’s better to act now.

Recourse and guarantees: what you can demand

The Carrez Law (Article 46) and Article L. 261-11 of the Construction and Housing Code entitle you to a price reduction proportional to the surface discrepancy, if it exceeds 5%. The process: 1) Send a registered letter with acknowledgment of receipt to the developer, setting out the discrepancy and requesting an amicable resolution. 2) Bring in an independent expert (a surveying expert or inspection body) for a joint on-site assessment. 3) If no agreement is reached, file a claim with the Nice judicial court. You have up to 5 years from handover to act, but the sooner the better. Keep every document: VEFA contract, floor plan, handover report, photos. Need help? See our complete guide to VEFA expert assessment in Nice or our dedicated page on Carrez surface recourse.

📅 Updated on 26/08/2026 — By Cassini Expertise, independent building expert covering the 06 & 83 departments. Free quote: 04 22 46 06 04.

Frequently Asked Questions

How do you calculate the Carrez surface for a VEFA in Nice?

The Carrez surface is calculated by measuring the floor area of enclosed, covered rooms, after deducting walls, partitions, stairs, and door recesses. Areas with a ceiling height below 1.80 metres are not counted. For a VEFA, you need to refer to the developer’s plan and verify the measurements on site.

What should you do if the Carrez surface is smaller than stated in the VEFA contract?

If the actual surface is more than 5% smaller than stated in the contract, the buyer can request a price reduction proportional to the shortfall. It’s advisable to have the difference verified by a certified surveyor and to send a formal notice to the developer before taking legal action.

What is the deadline to take action over a surface shortfall in Nice?

A claim for a price reduction must be brought within 5 years of signing the final deed of sale. After that period, the buyer loses the right to claim financial compensation. It’s therefore important to act quickly once the surface discrepancy is discovered.

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).