Carrez Floor Area in VEFA Off-Plan Sales: Mandatory Measurement and What’s at Stake
In an off-plan sale (VEFA — Vente en État Futur d’Achèvement), the Carrez floor area is a fundamental guarantee for the buyer. When the delivered floor area falls short of what was promised at signing, the role of an independent building expert becomes decisive. Cassini Expertise, backed by 15 years of experience in site management and project supervision in Antibes, walks you through the legal obligations, tolerance thresholds and remedies available.
The Legal Framework: Article 46 of Law No. 65-557
Article 46 of Law No. 65-557 of 10 July 1965 requires the Carrez floor area to be measured according to precise criteria. This area refers to the usable floor surface of each room, with a minimum ceiling height threshold of 1.80 metres. It excludes balconies, terraces, verandas (heated or not), and any ancillary space that does not meet the usable-floor criteria.
A VEFA contract commits the seller to a stated floor area. Any downward discrepancy creates an obligation of remedy or price reduction. Measurement takes place at handover of the completed property, the point at which the buyer can dispute the figures and demand compensation.
Cassini Expertise carries out measurements that comply with current standards, backed by detailed technical drawings and precise expert assessment, to establish beyond dispute the true floor area delivered.
The 5% Tolerance Threshold
Case law and professional practice recognise a 5% tolerance threshold for discrepancies between the contractual floor area and the area actually measured. Such a gap can result from legitimate construction practices, contractual rounding, or imprecision in the original plans.
If the measured area is less than 5% below the contractual area, the buyer generally has no grounds for redress. Beyond 5%, the buyer can demand a price reduction proportional to the shortfall found.
Example: a property bought for €500,000 with a promised floor area of 100 m², delivered at 94 m². The shortfall is 6%, exceeding the threshold. The buyer can claim a reduction of €3,000 (6% × €500,000). This calculation requires rigorous expert measurement to establish the exact figures.
Calculating the Price Reduction
When the shortfall exceeds 5%, the reduction is calculated on a direct proportional basis. The formula is: reduction = (total price × shortfall in %) / 100. This reduction applies to the property’s base price, excluding notary fees and ancillary costs.
Defects other than floor area (construction faults, non-compliance issues) fall under separate guarantees. The expert assessment must therefore clearly distinguish a floor-area shortfall from a construction defect.
Cassini Expertise precisely documents each measured shortfall and quantifies its financial impact according to the applicable legal rules. This transparency facilitates negotiations and amicable settlements.
Measurement Procedure and Documentation
Measurement takes place during the end-of-works handover visit. The qualified expert uses compliant measuring tools (laser tape measure, cadastral plan) and delivers a detailed technical report including:
- Floor plan with measured dimensions
- Calculation of each room’s usable floor area
- Comparison against the contractual floor areas
- Identification of discrepancies and justification of applicable tolerances
- Quantification of the price reduction where the shortfall is significant
This document forms the basis for discussion between buyer, developer and notary. It stands as irrefutable evidence should a dispute arise later.
What’s at Stake for Buyers and Developers
For the buyer, rigorous measurement either confirms the contractual commitment was met or justifies compensation. For the developer, a transparent expert assessment secures the handover and limits post-delivery disputes.
Common discrepancies stem from:
- Rounding differences between the theoretical plan and the as-built reality
- Partition wall thicknesses not accounted for consistently
- Floor area lost to technical installations (ducts, conduits)
- Design changes made during construction
A neutral, qualified expert settles these disputes with an indisputable measurement.
Advice and Remedies When a Shortfall Is Found
If the shortfall exceeds 5%, the buyer has several options: amicable negotiation with the developer for an immediate price reduction, a formal written demand (notice to remedy), or court action to obtain enforcement or a price reduction. Each route requires solid documentation from an expert assessment.
Cassini Expertise supports its clients with written, illustrated reports ready to justify any subsequent action. The firm’s complete independence guarantees the impartiality and evidentiary weight of the document before third parties.
FAQ
Who can request an official Carrez floor area measurement?
The buyer has the right to request a measurement at handover of the property, within the timeframe set out in the contract (usually 10 days after possession). An independent building expert can be instructed by either party, or jointly agreed upon. The notary can also order one where there is doubt.
Can the Carrez floor area be disputed after handover and payment?
Yes, subject to time limits. Article 1648 of the French Civil Code sets a two-year warranty period from delivery for hidden defects. A floor-area shortfall discovered after handover can be raised within this period, justifying a claim for price reduction or contract rescission.
Does the 5% threshold always apply?
The 5% threshold is recognised by case law as a general tolerance rule. However, a VEFA contract may set different terms (a narrower tolerance, or an obligation of exact floor area). Always check the specific clauses of the contract for the property concerned.
What is excluded from the Carrez floor area?
Excluded: balconies, terraces, loggias, verandas (heated or not), garages, cellars, unconverted attics, communal stairways, technical rooms, and any room with a ceiling height below 1.80 metres. Only enclosed, covered, usable interior floor space counts.
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📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).