VEFA — PROBLEMS
You have just received the keys to your new apartment in Nice. You take out your laser measure and measure the living room: 22.5 m² instead of the advertised 24 m². The bedroom? 11.8 m² instead of 12.5. No doubt, the Carrez surface (private floor area as defined by French law) is smaller than the VEFA contract (sale of future completion). You are not alone: a recent study shows that nearly one in three new homes has a surface discrepancy greater than 2%.
What You See — and What It Really Hides
The developer gave you the VEFA plan with clear dimensions. You compare with your laser rangefinder: the walls are there, but the measurements don’t match. Why? Because the Carrez Law excludes certain areas: walls, partitions, door openings, areas under sloping ceilings with height < 1.80 m. What you measure sometimes includes elements to be deducted. But even after correction, the discrepancy persists.
Frankly, I’ve seen this dozens of times on the French Riviera. On a case in Nice last year, a developer « forgot » to deduct the volume of a technical duct. Result: 3.2 m² less than the contract. What no one says: the developer often uses theoretical plans, not the actual survey after construction. Construction tolerances (out-of-square, plaster thickness) can cause a loss of 1 to 2% of surface area.
The Calculation That Changes Everything: Actual Carrez Surface vs. Contractual
The Carrez Law (Article 46 of the law of July 10, 1965, incorporated into Article L. 261-11 of the French Construction and Housing Code, CCH) requires the floor area of enclosed and covered premises, after deducting walls, partitions, steps, ducts, and areas with height < 1.80 m. The formula: SCarrez = Σ (floor area of each room, after deducting excluded elements).
Let’s take a concrete example in Nice: your apartment advertised as 50 m². You measure: living room 24 m², bedroom 12.5 m², kitchen 8 m², bathroom 4 m², hallway 1.5 m². Gross total = 50 m². But after deducting walls (average thickness 15 cm, linear length 20 m, i.e., 3 m²), partitions (1.5 m²), a technical duct (0.8 m²), and a closet under a sloping ceiling (0.5 m²), the Carrez surface drops to 44.2 m². The discrepancy is 5.8 m², or 11.6%.
The tolerance threshold? Case law generally accepts about 5% discrepancy for new homes. Beyond that, the developer must reduce the price proportionally or compensate you. Here, 11.6% is well above. Concretely, you can demand a price reduction of 11.6% on the property amount, i.e., €23,200 for a purchase at €200,000.
What Happens If You Do Nothing
Waiting risks losing your rights. The Carrez surface guarantee is a legal guarantee, but you must act quickly. After a period of one year from delivery, some courts consider that you have accepted the premises. Moreover, without recourse, you remain with an overvalued property that will sell for less. The loss can reach 10 to 15% of the value.
In the long term, the surface discrepancy can also cause problems for calculating condominium charges (often based on shares, which are themselves linked to surface area). And if you want to resell, the future buyer will have it measured by an expert and discover the discrepancy. You will then be forced to lower the price. Better to act now.
Recourse and Guarantees: What You Can Demand
The Carrez Law (Art. 46) and the CCH L. 261-11 give you the right to a proportional price reduction if the discrepancy exceeds 5%. The procedure: 1) Send a registered letter with acknowledgment of receipt to the developer, explaining the discrepancy and requesting an amicable solution. 2) Call an independent expert (surveyor or technical inspection office) for a joint inspection. 3) In the absence of an agreement, file a claim with the Nice Judicial Court (Tribunal Judiciaire de Nice). You have up to 5 years after delivery to act, but the sooner the better. Remember to keep all documents: VEFA contract, plan, delivery report, photos. Need help? Check our complete guide on VEFA expertise in Nice or our page dedicated to Carrez surface recourse.
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📅 Updated on 07/08/2026 — By Cassini Expertise, independent building expert for departments 06 & 83. Free quote: 04 22 46 06 04.
Frequently Asked Questions
How do you calculate the Carrez surface if it’s smaller than the VEFA contract?
The Carrez surface is calculated by measuring the floor area of enclosed, covered rooms, after deducting walls, partitions, door and window openings, and stairways. If it comes out smaller than the figure in the VEFA contract, you can compare the two measurements and request a proportional price reduction.
What recourse is there if the Carrez surface is smaller than the VEFA figure in Nice?
If the discrepancy exceeds 5%, you can bring a price-reduction claim before the Judicial Court within 5 years of signing the notarial deed. It’s advisable to have the difference confirmed by a licensed surveyor and to attempt an amicable resolution before any legal proceedings.
What is the legal tolerance for Carrez surface discrepancies in a VEFA?
The Carrez Law allows a margin of error of 5%, beyond which the buyer can request a price reduction. Below that threshold, no claim is possible. This tolerance applies to any sale, including VEFA, but watch out for specific contractual clauses.