It was in 2009 that a law was passed to put in place various measures to strengthen the protection of tenants. Thus, the rules governing the rental of residential premises have been modified following the law of March 25, 2009: the Boutin law.
Since its application, the surface of the accommodation must be mentioned in the contract in the case of an empty rental. So, with this new law, questions arise: what are the specificities of this measurement? How is the surface area calculated with the Boutin law? The answer to these questions in the following lines.
The specificities of the surface calculation of the Boutin law
With the Boutin law, the living area to be taken into account during the measurement is the constructed floor area with the deduction of certain spaces. These areas to be deducted are: areas occupied by walls and other partitions, door and window openings, various ducts and pipes, stairwells and steps.
In this calculation, spaces with a ceiling height of less than 180 cm will not be taken into account. Also, with the Boutin law, the habitable part of the accommodation will be the only one concerned during the measurement, which means that the surface of the terraces, balconies and verandas will be omitted from this measurement, the spaces comprising 80% of the glass walls. (60% for collective housing), and common premises and outbuildings not used for housing, namely cellars and garages.
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How should the living area be measured with the Boutin law?
In surface calculation with the Boutin law, you are not obliged to have recourse to an expert; however, the presence of an expert is well recommended to avoid any error in the calculation of the surface. Indeed, a difference of more than 5% between the surface area indicated on the rental contract and the actual surface area of the accommodation entitles the lessee to claim a reduction in the price of the rent. This could be detrimental to the owner.
As with the Carrez law, the diagnosis on the habitable areas of the Boutin law has an unlimited lifespan as long as the accommodation in question has not undergone work that modifies the areas that are made. If the owner wants to carry out this kind of work, the document must be redone before the dwelling can be rented again. Such a diagnosis will cost you between 50 and 100 euros depending on the size of the property and the companies. Note, however, that to reduce your expenses when you undertake to request quotes, it is advisable to do all your mandatory diagnoses at once. This will allow you to pay the costs for the diagnosis expert’s trip in one go. Which is also more environmentally friendly.
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