The Boutin Act: Everything you need to know

What is the Boutin Act?

The Boutin Act is a legal provision that requires landlords to state the habitable floor area of a dwelling in any rental contract for a main residence. This measurement is designed to protect tenants by providing them with reliable, transparent information about the size of the property they are renting. It has become a key element in the signing of leases, helping to avoid disputes linked to poorly estimated or overstated areas.

The Boutin Act: When is it Mandatory?

The Boutin Act floor area measurement is mandatory for all rental contracts for unfurnished dwellings used as a main residence. It does not apply in the case of:

• Furnished lettings: which are subject to other specific criteria.
• Seasonal lettings: for short durations that do not fall under main residence.
• Subsidised housing: in particular within the framework of social housing.

For the lettings concerned, the measurement must be carried out before the lease is signed and appended to the contract.

Which Rooms Should Be Included in the Habitable Floor Area Estimate?

The habitable floor area, as defined by the Boutin Act, corresponds to the constructed floor area after deducting the following elements:

• Walls and partitions.
• Steps and stairwells.
• Door and window reveals.
• Non-convertible spaces such as unconverted lofts, basements, cellars, garages, terraces, balconies, loggias, conservatories, and outbuildings.

These deductions are essential to ensure that the stated area genuinely reflects the usable living space available to the tenant.

What Are the Differences with the Loi Carrez?

Although the Boutin Act and the Loi Carrez are often confused, they do not cover the same situations:

• Boutin Act: Concerns unfurnished lettings used as a main residence. It focuses on the habitable floor area of the dwelling.
• Loi Carrez: Applies to the sale of properties held in co-ownership. It measures the private floor area of a lot, including only areas with a ceiling height greater than 1.80 metres, but excludes balconies, terraces, cellars, and parking spaces.

So, if you own a property held in co-ownership intended for sale, you will need to provide a Loi Carrez measurement, whereas for an unfurnished letting, it is the Boutin Act that applies.

What Penalties Apply if the Measurement Is Missing?

The absence of the Boutin Act measurement can have serious consequences for the landlord. If the actual floor area of the dwelling is more than 5% smaller than that stated in the lease, the tenant may demand a proportional reduction in rent. In the event of a dispute, this absence may also lead to the cancellation of the rental contract and expose the landlord to legal proceedings. It is therefore essential to comply with this obligation in order to avoid any legal risk.

What Is the Minimum Habitable Floor Area Required to Let a Property?

In France, for a dwelling to be let as a main residence, it must meet a minimum habitable floor area of 9 square metres, with a ceiling height of at least 2.20 metres. A property that does not meet this requirement is considered unfit and cannot be offered for rent. This measure is intended to guarantee decent living conditions for tenants.

How to Carry Out the Boutin Measurement?

To carry out the Boutin Act floor area measurement, it is essential to call on a professional. At RITMO-Diag, our experts take care of measuring the habitable floor area of your property with precision, taking into account all the legal specificities. Our team then provides you with a complete report that complies with the legislation, ready to be appended to your rental contract. Entrust us with this measurement to benefit from recognised expertise and quality service.

An Opportunity Not to Be Missed: Our Special Back-to-Season Offer!

In this back-to-season period, we know that this means a new letting.

That is why RITMO-Diag helps you comply with all the legal requirements linked to letting your property:

For any order of a property diagnostics package with our agency, we will offer you the Boutin Act floor area measurement free of charge.

This is the ideal opportunity to ensure that your property complies with the legislation while benefiting from a free service.

Don't let this opportunity pass you by! Contact RITMO-Diag today to take advantage of this offer and secure your rental investment with complete peace of mind.

Offer valid until 30 September 2024.