⇒ What is the Boutin law diagnosis?
⇒ The Boutin Law Diagnosis, Why must it be measured?
⇒ Which properties are concerned by the Boutin law diagnosis?
⇒ Is the Boutin law diagnosis compulsory for all rentals?
⇒ What is the difference with the Loi Carrez diagnosis?
⇒ Who should carry out the Boutin law diagnosis?
⇒ What is the content of the Boutin law diagnosis?
⇒ How long is the Boutin law diagnosis valid?
⇒ Why redo the Boutin Law diagnosis before renting a property?
⇒ Does the absence of the Boutin law diagnosis lead to sanctions?
⇒ The Boutin Law diagnosis: what are the regulatory texts?
⇒ Are there any specific and compulsory diagnoses to be carried out in the case of a sale or rental?
What is the Boutin law diagnosis?
You wish to rent a flat or a home? You are obliged to inform the future tenant about the living area of your property.
Your AOD agency offers to carry out a Boutin Law diagnosis to accurately measure the living area in square metres (m2) of your home.
By definition, The living area, as specified in the "Boutin lawThe "floor area" is the constructed floor area of a flat or house. It is therefore the area that is actually available for tenants.
The Boutin law diagnosis (law of 25 March 2009) is to be provided mandatoryment when the lease is signed.
Why should it be measured?
The purpose of the Loi Boutin diagnosis is to better protect the future tenant against misleading advertisements.
The latter will therefore have the possibility to :
- to be able to compare the rents charged to other dwellings and thus compare their price according to the m² of living space.
- Estimate the future amount of energy bills according to their consumption in kwH/m²/year (this calculation will be entered in the Energy Performance Diagnosis(ECD).
Which properties are affected?
The obligation to carry out a diagnosis under the Loi Boutin applies to the rental of the following properties:
- Unfurnished flats and houses.
- Main dwellings or mixed use (private and professional).
- unfurnished business premises.
Is the Boutin law diagnosis compulsory for all rentals?
Since April 2017, landlords have been obliged to include in their property advertisements (window, digital or press) the measurement of the living area of the rented accommodation.
- Seasonal rentals
- Secondary dwellings
- furnished rentals
The Boutin Law diagnosis: What is the difference with the Carrez law diagnosis ?
The diffReference The difference between these two diagnoses is the method of calculating the surface area: we speak of habitable surface area (rental) in the Loi Boutin diagnosis and private surface area (co-ownership sale) in the Loi Carrez diagnosis.
This difference in results in the measurement The reason for this is that the Loi Carrez diagnosis will take into account the surface area of certain parts of the property when calculating the surface area, whereas the Loi Boutin measurement will only add the converted attic.
The living area will therefore always be less than the private area.
To put it simply, the Loi Boutin diagnosis is for rentals and the Loi Carrez diagnosis is reserved for condominium sales.
Who should carry out the Boutin law diagnosis?
Although the law does not require certification to carry out this diagnosis, the use of a certified professional is a guarantee of a measurement right.
It should be noted that in the event of a dispute, the seller of the property or the agent appointed by him to carry out the sale on his behalf will be held liable.
All our certified property diagnosticians are insured to protect you in the event of a measurement error.
What is the content of the Boutin law diagnosis?
Our real estate diagnostician measures the living area of your property using a laser rangefinder to arrive at a measurement that conforms to reality.
To obtain an accurate estimate, he will have to deduct the following areas:
- The walls
- Partitions
- Sheathing
- The stairs
- Door and window openings
- Verandas
- Cupboards
- Unconverted attic space
- The reduced
Our property diagnostician will not take this into account:
- Parts of the dwelling with a ceiling height of less than 1.80m (e.g. a mezzanine...)
- The cellars
- Garages
- The boxes
- Parking spaces.
- Stairs and stairwells
- Open balconies and terraces
How long is the diagnosis valid?
The Boutin Law surface measurement remains valid without any time limitation as long as the dwelling has not undergone any transformation (extension, installation or reduction of partition walls, etc.).
Why redo the Boutin Law diagnosis before renting a property?
There may well have been a mistake in a previous Boutin Law diagnosis of measurement or an inaccuracy in the calculation made by the property diagnostician or the landlord himself.
Consequently, we strongly advise you to have one of our professional diagnosticians carry out the measurement of your property even if no changes have been made.
Indeed, if the previous certificate The only liability in the event of a dispute will be that of the lessor and not the certified professional.
Does the absence of the Boutin law diagnosis lead to sanctions?
The Boutin law diagnosis must be attached to the DDT (technical diagnosis file) which accompanies the rental contract.
The tenant has the right to request the cancellation of the tenancy within one month of signing the agreement.
The calculation of the surface area of my property is inaccurate, what recourse do I have?
In case of an error in the calculation of the living area (at least 5% to the disadvantage of the tenant), you can claim compensation:
- Or by cancelling the sale of the property. The request must be made within 1 month from the date of signing the final deed of sale.
- Or by obtaining a reduction in the selling price.
However, this request must be made within 1 year of the signing of the deed of sale in order to obtain a price reduction in the event of an error of measurement (Article 1622 of the Civil Code).
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The Boutin Law diagnosis: what are the regulatory texts?
Tariff for the Boutin Law diagnosis ?
The price varies according to the size of the dwelling and its complex surfaces (mezzanineThe price of a property diagnosis is based on the number of properties in the area (e.g., duplexes, outbuildings, etc.). It is degressive if you have several property diagnoses carried out at the same time (such as the DPE diagnosis or the Lead diagnosis for example).
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Are there any specific and compulsory diagnoses to be carried out in the case of a sale or rental?
To find out what France requires in terms of property diagnostics when selling or renting out a home, please visit the selling or renting pages.
Do not hesitate to contact us for more information, we will be happy to help you!