Loi Carrez: What French buyers need to know in Portugal

If you have ever bought a property in France, you have surely heard of the "Loi Carrez". This regulation requires the exact private surface area of a co-owned property to be mentioned, according to very specific criteria. But what happens when you want to invest in Portugal? Is there an equivalent? And what should you look out for to avoid unpleasant surprises? In this article, Unyk-Place and its trusted partner Square Way answer these questions.

No "Loi Carrez" in Portugal.

Unlike France, Portugal does not have legislation equivalent to the Carrez law. 

Adopted in 1996 in France, after a series of real estate scandals in the 1990s, where some developers overvalued the real surface area, the Carrez law aims to protect buyers of condominium properties. This law requires that the private surface area of a property in co-ownership be mentioned precisely, excluding walls, partitions, stairs, cellars, balconies or unconverted attics, and any area less than 1.80 m high. This measure allows you to compare properties on a reliable basis, avoiding unpleasant surprises when buying. Thanks to the Carrez law, if the actual surface area is more than 5% less than that indicated in the deed of sale, the buyer can request a pro-rata reduction in the price, up to one year after the sale. A protection that buyers in Portugal do not have.

What types of surfaces are used in Portugal?

Here, the areas advertised in real estate ads can vary according to several criteria: gross area, useful area, built area, surface area with or without common areas, etc.

In other words, an apartment listed at 120 m² in Portugal does not necessarily correspond to a 120 m² "Carrez law" in France.

In Portugal, areas are declared in official documents such as:

       · The "caderneta predial" (tax register)

       · The "certificado energético" (energy diagnosis)

But there is no legal obligation to measure the surface area according to strict criteria before the sale, which makes the accuracy of the advertised surface more uncertain in the absence of independent verification. Foreign buyers are often confronted with discrepancies between the advertised surface area and the reality, in particular because of the confusion between usable, gross or built areas, or the addition of land or undeclared extensions. At Unyk-Place, we work with local architects or engineers to check the actual surface areas and guarantee a buying or renting strategy consistent with the value of the property.

In general, there are two main concepts:

       · Área bruta de construção: includes all areas, including common areas in condominiums.

       · Área bruta privativa (ABP): the total surface area of the dwelling, including the interior walls.

       · Área útil (or living area): often closer to what is called the Carrez area in France, but not always measured according to the same standards.

Architectural perspective: surface, height and habitability conditions

Unlike France, where the Carrez law imposes a strict calculation method (in particular by excluding surfaces with a height of less than 1.80 m), Portugal does not apply such a strict rule. However, there are some limitations in the Regulamento Geral das Edificações Urbanas (RGEU), in particular in Article 79, which regulates the use of attics, attics and águas-furtadas as living spaces.

This article stipulates that even in the attic, the surface can be considered habitable as long as at least half reaches the regulatory height, and that no point more than 30 cm from the walls falls below 2 m in height. This differs from the threshold of 1.80 m applied in the Carrez law.

Can we estimate a ratio between the Portuguese "usable" surface area and the French Carrez area?

Although there is no universal formula, it can be estimated that, on average, the Portuguese usable area ("área útil") exceeds the Carrez surface area by 5 to 10%, due in particular to:

      · the inclusion of areas between 1.80 m and 2 m in height (excluded in France but counted in Portugal);

      · tolerances on roof slopes (cf. Article 79 RGEU);

      · measurement inaccuracies, due to the lack of a mandatory standardised method.

This ratio is naturally indicative and must be verified on a case-by-case basis, particularly in properties with converted attics or atypical configurations.

At Unyk-Place, we work closely with local architects and engineers, such as those at Square Way, to verify the actual surface area and ensure a buying or renting strategy that is aligned with the value of the property. Square Way systematically recommends an on-site verification, in line with the technical criteria of comfort, legality and regulatory compliance, to secure our customers' investment.

Note: Article Artigo 79º RGEU – Official text in original language.

« Os sótãos, águas-furtadas e mansardas só poderão ser utilizados para fins de habitação quando satisfaçam a todas as condições de salubridade previstas neste regulamento para os andares de habitação. Será, no entanto, permitido que os respectivos compartimentos tenham o pé-direito mínimo regulamentar só em metade da sua área, não podendo, porém, em qualquer ponto afastado mais de 30 centímetros do perímetro do compartmento, o pé-direito ser inferior a 2 metros. Em todos os casos deverão ficar devidamente asseguradas boas condições de isolamento térmico. »