Block Sale and Floor Area: Price Reduction Possible Even Without Apportionment

Imagine: you buy a flat in Saint-Estève, near Perpignan. The notary hands you the keys, you move in. A few months later, a surveyor tells you the actual floor area is 10% less than stated in the deed. You want to claim a price reduction. But here's the catch: in the deed, the property was sold 'in a block' with a cellar and a parking space, without the price being apportioned lot by lot. The seller argues that the global price prevents any precise calculation. Have you lost all recourse?

This question, which dozens of buyers in the Pyrénées-Orientales ask themselves each year, was decided by the French Supreme Court in a judgment of 7 November 2007. The answer is clear: no, the absence of price apportionment is not an obstacle. Provided the lots sold together form a single residential unit, the floor area to be taken into account is that of this unit, and the price reduction can be calculated proportionally. Explanations follow.

In this article, we dissect the facts, the judges' reasoning, and above all what this changes concretely for you, whether you are a buyer, seller, or property professional in Perpignan or elsewhere.

The facts: a story like many that happen every day

Mr and Mrs X, a retired couple living in Saint-Estève, sold a flat in Perpignan in 2001. The deed of sale covered several co-ownership lots: a main residential lot, a cellar, and a parking space. The whole was sold for a global price of €150,000, without the price of each lot being separate. The buyers, the Y family, moved in.

A few months after signing, the Y's had the property measured by a surveyor. Result: the floor area of the flat is 85 m², whereas the deed mentioned 95 m². That is a difference of 10.5%, well beyond the legal tolerance of 5% provided for by the Carrez Law (Law of 10 July 1965). The Y's then sue the sellers in court to obtain a price reduction proportional to the floor area deficit.

Before the Tribunal de Grande Instance of Perpignan, the X couple retort that the sale price was global, without apportionment between the lots. How can the reduction be calculated, they argue, if it is not known how much the residential lot was worth compared to the cellar and parking space? The tribunal agrees with them and dismisses the Y's claim. The Y's appeal.

The Paris Court of Appeal (as the case was remanded after a first judgment) upholds the decision: it is impossible to determine the price of the residential lot alone, so no reduction is possible. But the Y's do not give up and appeal to the Supreme Court. The High Court, in a judgment of 7 November 2007, quashes the appeal decision on the basis of Article 46 of the Law of 10 July 1965. Why? Because, according to the Court, 'the lots had been combined to form a flat, so the floor area to be taken into account was that of the residential unit'. In other words, it does not matter that the price was not apportioned: the property sold formed a functional whole, and the erroneous floor area is that of this whole. The price reduction must therefore be calculated on the basis of the global price, in proportion to the deficit.

The court's reasoning — dissected

Article 46 of the Law of 10 July 1965 (known as the Carrez Law) requires the seller of a co-ownership lot to state the floor area of the private part in the deed of sale. If the actual floor area is more than 5% less than that stated, the buyer may claim a proportionate reduction in price. This is known as the action for price reduction.

In this case, the difficulty arose from the fact that the sale covered several lots (flat, cellar, parking space) for a single price. The lower courts (Court of Appeal) considered that, without apportionment of the price between the lots, it was mathematically impossible to calculate the reduction: 10% of what? Of the price of the flat alone? Of the global price? The Court of Appeal therefore rejected the claim.

The French Supreme Court did not follow this reasoning. It considered that the purpose of the lots was decisive: if the lots are sold together to form a single residential unit (a flat with its outbuildings), then the floor area to be checked is that of the whole, and the price to be reduced is the total price. The calculation becomes simple: (actual floor area / stated floor area) x global price = adjusted price. The difference between the price paid and the adjusted price gives the reduction due.

The sellers' arguments (technical impossibility of calculation) were therefore dismissed. The Court implicitly recalled that the Carrez Law is a protection for the buyer, and that an overly formalistic reading must not render it ineffective. This is not a reversal of case law, but a confirmation that the spirit of the law prevails over practical difficulties of calculation.

Rhetorical question: Why did the lower courts get stuck on the apportionment of the price? Probably due to excessive formalism. The French Supreme Court sets the record straight: the essential point is the protection of the buyer, not the cost accounting of the deed of sale.

What this changes for you — concretely

This decision has major implications for all property players, particularly in areas like Perpignan where block sales (flat + cellar + parking space) are common.

For the buyer: If you have bought a property comprising several lots without price apportionment, you can still take action if the total floor area of the residential unit (flat + possibly cellar or attached garage) is more than 5% less than that stated. For example, in Perpignan, a flat sold for €200,000 for a stated 100 m² but measuring 90 m²: you can claim a reduction of €20,000 (10% of €200,000), regardless of whether the price of the cellar is not itemised.

For the seller: You can no longer hide behind the absence of apportionment to avoid an action for reduction. It is therefore prudent, when drafting the deed, to have the property measured by a professional and to state the exact floor area. If you sell in a block, specify that the lots form a single residential unit; this will avoid any dispute.

For the notary or estate agent: This case law imposes increased vigilance on you. In a grouped sale, ensure that the floor area of the whole is correct and that the buyer is informed. A defect may engage your professional liability.

Time limits to remember: The action for price reduction is time-barred one year from the signing of the authentic deed. After this period, you lose all recourse. Do not delay in having the property measured after purchase!

Four tips to avoid this type of dispute

• Have the property measured before the sale: Whether you are a seller or buyer, instruct a chartered surveyor to determine the exact floor area. In Saint-Estève, expect to pay around €250 to €400 for a 100 m² flat. This is an investment that can avoid costly lawsuits.
• Insist on an apportionment of the price in the deed: If you are buying several lots, ask your notary to state a price for each lot. This will facilitate any future calculation and discourage disputes. If the seller refuses, it is a warning sign.
• Check the floor area as soon as you take possession: As soon as you move in, have the property measured. If a deficit appears, act immediately: the one-year period is short. Keep all documents (deed, measurement, correspondence).
• In case of a block sale, describe the residential unit: In the deed, specify that the lots are sold to form a single dwelling. State the total floor area. This will avoid any debate on the scope of the guaranteed floor area.

Further reading: related case law and developments

This 2007 decision is part of a series of judgments that strengthen the protection of the buyer under the Carrez Law. For example, the French Supreme Court held (Civ. 3e, 4 May 2011, n° 10-16.698) that the floor area to be taken into account for the action for reduction is that of the private parts, regardless of whether the property is rented or occupied by the owner. Similarly, in a judgment of 13 April 2022 (n° 21-10.246), the Court specified that the seller cannot avoid the reduction by invoking the absence of measurement by a professional: the stated floor area engages its liability.

The trend is therefore towards a strict application of the Carrez Law, with an interpretation favourable to the buyer. The courts, including in Perpignan, follow this line: they do not hesitate to order price reductions, even in the absence of apportionment. For professionals, this is a call for rigour. For individuals, it is additional security.

Rhetorical question: Is this case law a gift to buyers? No, it is simply the application of the law, which aims to protect consumers against errors in floor area. But it puts additional pressure on sellers and notaries to be accurate.

Checklist before taking action

1. Is the one-year time limit respected? The action for reduction must be brought within one year of the signing of the authentic deed. If you bought 13 months ago, it is too late.
2. Do you have a certified measurement? A simple plan or estimate is not enough. Only a chartered surveyor or certified diagnostician can establish the legal floor area.
3. Is the property sold in a block? If yes, check that the lots form a residential unit (e.g., a flat with an attached cellar). If they are independent lots (flat + separate commercial premises), the calculation may be different.
4. What is the percentage of deficit? The law requires a difference of more than 5% between the stated floor area and the actual floor area. Below that, no reduction.
5. Do you have proof of the global price? The deed of sale is evidence. If the price is stated globally, that is sufficient for the proportional calculation.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →