The concept of living space is not always clear-cut when it comes to assessing the amount of space occupied by a conservatory. When should a conservatory be included in the living area? What are the legal and tax implications? We'll give you the answers.
1/ What does the concept of habitable surface area mean?
This concept is defined in article R156-1 of the Code de la construction et de l'habitation, which states:
" The living area of a dwelling is the constructed floor area, after deducting the areas occupied by walls, partitions, staircases and stairwells, ducts, doorways and window openings. The habitable volume corresponds to the total habitable surface area thus defined multiplied by the ceiling heights.
The surface area of undeveloped attics, cellars, basements, sheds, garages, terraces, loggias, balconies, drying rooms outside the dwelling, verandas, glazed areas as provided for in article R. 155-1, communal premises and other outbuildings of the dwellings, and parts of premises with a height of less than 1.80 metres,are not taken into account ".
2/ What is a veranda?
A veranda is a largely glazed room attached to a house or building, designed to let in natural light while providing shelter from the elements. It is often used as a space for relaxation or gardening.
3/ Is a veranda included in the calculation of living space?
If we take a strict reading of article R156-1 of the CCH (mentioned above), the surface area occupied by a veranda should be excluded from the calculation of the habitable surface area.
However, French case law tends to qualify this statement.
A veranda must be taken into account when calculating the habitable surface area if it meets certain conditions. According to case law, a veranda is included in the living area if it is heated, insulated and permanently fitted out so that it can be used as a living area.
Several court decisions have ruled that unheated and uninsulated conservatories should not be included in the living area. Here is an example:
In a Court of Cassation ruling of 15 December 2010 (no. 09-72.195), the Court ruled that unheated and uninsulated conservatories should not be counted as part of the living area. The Court stated that the inclusion of such verandas depended on whether they were habitable and how they were actually used.
Each case may therefore be different, and the decision will depend on a number of factors, including the layout of the conservatory, its use and whether it complies with building standards.
4/ What's at stake here?
If you're selling a property, you'll need to know whether or not the conservatory is included in the living area of the property you're selling.
In the case of a rental property, the surface area of the conservatory must be indicated in the lease as a non-habitable surface area. This is also the case for other habitable areas such as unfinished attics, balconies and outside laundry rooms.
Determining the habitable surface area is also important for determining whether or not the property, whether for rent or for sale, meets decency standards.
The installation of a conservatory should also be taken into account when calculating the floor area and the basis for calculating your property tax!
CONCLUSION
It is therefore advisable to consult a property law professional to determine whether a specific conservatory should be included in the floor area of a given property.
