Measurement of the area used for the sale of apartments in a new or not yet built co-ownerships. It is usually calculated from the apartment’s architectural plan (private portion).This area sometimes includes areas occupied by some components located in the commons portions, such as:
The Law grants to purchasers the right of obtaining the most truthful and complete information possible on the nature and exact characteristics of the property being sold.
This obligation encompasses all the critical and relevant information concerning the immovable and the co-ownership. The information to be provided shall cover the private portion and the common portions of the building. You should act with the utmost care to ask for and obtain the required information to allow you to avoid disputes with your vendor (developer or builder).
The vendor has the obligation to reveal the exact superficial area of its private portion. The superficial area/price ratio is an important criteria for many buyers. It has a major influence on their decision to purchase
Off plan sale
The calculation of the superficial area of an apartment may lead to a conflict if, in an off plan sale, the gross area shown on the architectural plan is the information used for the transaction. Thus, you should insist that the developer supplies a detailed plan of the apartment to be built, along with the method used to determine the superficial areas.
Most buyers attach great importance to an apartment area/price ratio. Therefore, before signing the deed of sale, take time to carefully measure the area of your unit. Discrepancies between what is shown on the plan provided at the signing of the preliminary contract, versus the actual area shown on the cadastral plan or the certificate of location are frequent. This difference can be explained by many factors listed in the factsheet entitled The Area of the Private Portion.