The purpose of the Carrez law diagnosis is primarily to combat conflicts between co-owners. This diagnosis allows each co-owner to know exactly which space they have access to or not. It helps to limit each person to their own space and allows every co-owner to fully enjoy their property. Is the establishment of the Carrez law diagnosis necessary for all condominiums? Let’s explore the cases where this diagnosis is truly necessary.
Cases Requiring Obligation
The Carrez law diagnosis is mandatory in several cases. This includes horizontal condominiums, vertical condominiums, buildings for professional use, residential buildings, commercial buildings, etc.
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- Horizontal Condominium
One of the first cases is the horizontal condominium. The horizontal condominium is defined as a set of houses or buildings present in a subdivision. Before the sale of portions (houses or buildings) of this set, the condominium must undergo the Carrez law diagnosis. Following this diagnosis, each co-owner will be able to use their property as they see fit without encroaching on others’. The electrical diagnosis should also not be overlooked before carrying out a condominium sale.
- Vertical Condominium
The Carrez law diagnosis must also be performed for the sale of a vertical condominium. This is defined as a lot of rooms or premises located in the same building. Here, the diagnosis is necessary to preempt conflicts among residents of a building who are co-owners on the same level.
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The Carrez law diagnosis makes no exceptions; it must necessarily be established regardless of the type of condominium.
Consequences of Lack of Carrez Law Diagnosis
The lack of a Carrez law diagnosis can have several consequences, including the cancellation of the sale of the concerned condominium. This can happen if the seller realizes after the sale that the diagnosis had not been done. In cases where this lack of diagnosis leads to misunderstandings between co-owners, the sale is likely to be canceled.
If there are errors in the measurements determined by the Carrez law diagnosis, the buyer can object. If the discrepancy is more than 5% between the actual measurements and those of the diagnosis, the buyer can seek a price reduction. However, the appeal must be made within one year following the conclusion of the sale. Otherwise, there is a risk of forfeiture.
Even if the lack of a Carrez law diagnosis does not lead to penalties, it should be considered important. It helps to avoid a large number of problems between co-owners. The measurements determined by the diagnosis must be mentioned in the sales contracts. This will allow each co-owner to refer back to the measurements and compare if necessary. However, be sure to refer only to professional diagnosticians if needed.