Area
The broker must be vigilant when it comes to the surface area of a co-ownership property. The net area, indicated in the cadastral plan, is different from the gross area which appears in the architectural plans.
Net area
The net area is established by taking the actual measurement of the interior of the private portion (that which is owned by the co-owner), i.e. from the interior divisions or finishings, excluding columns and other common portions that go through the private portion, such as ventilation shafts and spaces used for plumbing and electrical. This is the net measurement that must be entered on the detailed description sheet by the broker wherever possible.
Gross area
The gross area is calculated from the architectural plans. It is usually used for co-ownership properties that are newly or not yet built.
► DUTIES AND OBLIGATIONS OF THE BROKER
In the case of an immovable that is newly or not yet built, the broker must make sure that:
- the preliminary contract states that the area is approximate, and that there could be a difference between this area and the surface area shown in the promotional document (that of the architectural plans). If the net area is known, it is this area that must be entered on the preliminary contract. If the building has not yet been built, the broker will indicate the gross area on the sheet and specify in the preliminary contract that it is approximate;
- the seller (often the developer) provides the buyers with a written notice informing them that the area and volume calculations for each private portion resulting from the survey and the cadastral plan establish net measurements that may be different from, and possibly smaller than, those indicated in the architectural plans used to sell the units.
In the case of a resale, the broker must ensure that:
- the area mentioned in the brokerage contract to sell and the detailed description sheet is the actual net area appearing on the cadastral plan or the certificate of location, and not that which originally appeared in the architectural plans.
Under the Civil Code of Québec, a declaration of co-ownership can only be registered if it is accompanied by a cadastral plan.
For more details: Gross or net area: How to find your way through
