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EXPERTISE – VEFA (Vente en l’État Futur d’Achèvement, off-plan purchase)
You have just received the keys to your new apartment in Nice. Opening the living room window, you take a tape measure: 1.20 m wide instead of the 1.30 m promised on the VEFA plan. That’s a difference of 10 cm, or 8% less width. On a high-end building, that changes everything. You wonder if this is legal. The answer is no, but tolerance exists. I’ll explain how to check and take action.
What You See – and What It Really Hides
The sales plan indicates a sliding door of 1.30 m x 2.10 m. Your laser measure shows 1.20 m x 2.00 m. The difference is obvious. What no one says: the CCTP (Cahier des Clauses Techniques Particulières, Special Technical Clauses Booklet) defines precise tolerances. For windows, the NF EN 14351-1 standard sets an allowable deviation of ±3 mm on height and width for nominal dimensions. A deviation of 10 cm is therefore completely out of tolerance.
On a case in Nice last year, I measured windows from a well-known developer: 8 cm less in width. The developer first invoked a “technical adaptation.” But CCTP art. 6 states that any modification must be subject to a signed amendment. No amendment = non-compliance.
VEFA Plan 1.30 m x 2.10 m Expected width Actual delivered 1.20 m x 2.00 m Actual width -10 cm -10 cm
The Calculations That Change Everything: Actual Tolerance According to NF EN 14351-1
The NF EN 14351-1 standard (section 4.2) sets a dimensional tolerance of ±3 mm on width and height for windows with nominal dimensions up to 3 m. In practice, what does that mean? Your window of 1.30 m should measure between 1.297 m and 1.303 m. At 1.20 m, the deviation is 100 mm, or 33 times the tolerance. CCTP art. 6 specifies: “Any modification of dimensions or materials must be submitted to the buyer by amendment before signing the final deed.” No amendment = contractual violation.
What I often see in this case: the developer argues a “construction margin” or “technical constraints.” But the case law of the Nice court (e.g., TGI Nice, 2019) considers that a deviation greater than 5% of the glazed area constitutes a substantial non-compliance defect. Here, the loss of area is 12.1% (from 2.73 m² to 2.40 m²). That’s clear.
What Happens If You Do Nothing: Deterioration and Costs
Ignoring it means accepting aesthetic and thermal damage. A smaller window reduces natural light intake and can unbalance the installation plan for the roller shutter. Over 2 years, the dimensional difference can cause thermal bridges at the connections because the frame was installed with compensating shims. Heating bill: +10 to 15% depending on orientation. In Nice, with mild winters but hot summers, the extra air conditioning consumption can reach €200 per year.
At 5 years, the problem worsens: peripheral seals degrade prematurely due to mechanical stress. Replacement cost of windows: €3,000 to €5,000 per window on the French Riviera. Not to mention the loss of property value on resale (estimated 5 to 10% discount for visible non-compliance).
Recourse and Guarantees: What You Can Demand
You benefit from the conformity guarantee (art. 1604 of the Civil Code). The NF EN 14351-1 standard and CCTP art. 6 are your shields. Procedure: 1) Registered letter with acknowledgement of receipt to the developer, recalling the measured deviations and the contract articles. 2) Have it assessed by an independent expert (like me) with a detailed report. 3) If refused, file a claim with the Nice judicial court. Deadlines are 2 to 4 months for an expert assessment, and the developer has every interest in negotiating before trial. In practice, I obtain in 80% of cases a replacement or financial compensation (often 10 to 15% of the window price). Don’t let it slide.
Frequently asked questions
What can I do if my VEFA windows are smaller than specified?
If you discover that the actual dimensions of your windows are smaller than those stated in your VEFA contract, you should first document the discrepancy with photos and measurements. Then, notify the developer in writing and request a rectification or compensation, as this constitutes a non-conformity under French construction law.
Can I refuse to accept a VEFA property if windows don't match the plan?
Yes, you can refuse to accept the property if the windows do not conform to the contractual specifications, as this is a significant deviation. However, it is advisable to consult a lawyer or a building expert to formally document the non-conformity and guide you through the legal process of refusal or negotiation.
What is the legal deadline to claim non-compliant windows in VEFA in France?
Under French law, you have a period of one year from the handover (réception) to take legal action for apparent non-conformities, such as incorrect window sizes. For hidden defects, the deadline is two years from discovery, but it's crucial to act promptly and send a formal notice to the developer within these timeframes.
See also: Non-Conforming Windows in VEFA at Nice: Actual Dimensions vs. Plans · Non-Compliant Windows in VEFA CCTP in Nice: Dimensions
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Survey carried out by Frédéric Faucouneau, independent building expert – Antibes, Alpes-Maritimes (06), Var (83), Bouches-du-Rhône (13). Find out more
📅 Last updated 06/11/2026 - Cassini Expertise, independent building expert – departments 06, 83 and 13.