Living area in a French lease: definition, rent cut

What the living area counts

Article R156-1 of the CCH defines the living area as the constructed floor area, after deducting the areas taken up by:

• walls and partitions;
• steps and stairwells;
• service ducts;
• door and window recesses.

Not counted: unconverted lofts, cellars, basements, storerooms, garages, terraces, loggias, balconies, drying areas outside the home, verandas, communal premises and other outbuildings, as well as parts of rooms with a ceiling height below 1.80 m (R156-1; service-public.gouv.fr, F920). The living volume is the total of the living areas multiplied by the ceiling heights (R156-1).

The area is also among the criteria for decent housing: a home let as a main residence must have at least one main room of 9 m² with a ceiling height of 2.20 m, or a living volume of 20 m³ (service-public.gouv.fr, F34905).

The compulsory statement in the lease

Article 3 of the 1989 Act requires the lease to state: “The nature, the intended use and the living area of the let property” (our translation), that area being the one defined by the Construction and Housing Code. Service-public.gouv.fr (F920) points out that this requirement applies to unfurnished and furnished homes let as a main residence alike. See also our guide on the bail de location (residential lease).

In 2009, ANIL noted that no penalty went with this statement. One has been introduced since: the version of article 3-1 in force since 27 March 2014 gives the tenant an action for a rent reduction, and article 3 deals with the case where the area is not stated.

Area missing from the lease: the formal notice

If the lease does not state the living area, the procedure is as follows (1989 Act, art. 3; F920):

1. the tenant serves formal notice on the landlord to provide it, within one month of the lease taking effect, by registered letter with acknowledgement of receipt;
2. the landlord has one month to reply;
3. in the event of refusal or silence, the tenant brings the matter before the juge des contentieux de la protection (judge for consumer and tenancy disputes) of the court for the area where the home is located, within 3 months of the formal notice, to obtain a rent reduction where appropriate.

Incorrect area: the rent reduction

Where the actual living area is more than one twentieth smaller than the one stated in the lease, the landlord bears, at the tenant’s request, a rent reduction proportional to the shortfall found (art. 3-1).

When the reduction starts (art. 3-1; F920):

• request made within 6 months of the lease taking effect: the reduction applies from the signing of the lease;
• request made after 6 months: it applies from the date of the request.

Example: lease stating 50 m² for a rent of €900, actual area measured at 46 m². The shortfall is 8%, above the one-twentieth threshold. The proportional reduction is 8%, i.e. €72: the rent drops to €828. With 48 m² measured (a 4% shortfall), no reduction can be claimed on this basis.

Living area or Carrez area: don’t confuse them

Both areas start from the same deductions and both leave out parts below 1.80 m, but they are not used for the same transaction.

Sources: texts cited; 1967 decree, art. 4-1; 1965 Act, art. 46.

The same flat can therefore show two different areas: an enclosed and covered veranda counts among the floors measured under the Carrez law, whereas article R156-1 expressly excludes it from the living area. For sales, see our guide on the loi Carrez (Carrez law).

Which professional to consult

To measure the living area before drafting the lease, a géomètre-expert (chartered surveyor) or a diagnostiqueur (property surveyor) can carry out a survey. The agent immobilier (estate agent) managing the letting enters this area in the lease. When a lot in a co-ownership is sold, the notaire (notary) checks the Carrez area stated in the deed.