VEFA Reservation Lifting in Nice: Uncorrected Defects, What to Do?

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EXPERTISE – RESERVATIONS

You signed the delivery report for your new apartment in Nice, listing reservations. The developer sends you a letter saying “reservations lifted.” Except the defect is still there. On a recent case in Nice West, I measured a partition misalignment of 4 cm – well beyond the tolerated 1 cm. Yet the developer had signed off on the lifting. This is a common situation on the French Riviera, where the tight market pushes for faster deliveries.

What You See – and What It Really Hides

You look at the widening tile joint, the window that doesn’t close properly, the wall that isn’t straight. The developer tells you: “everything is compliant, the reservations are lifted.” But technically, what was checked? Nothing, or almost nothing. Often, the lifting is administrative: the developer declares having corrected without a joint inspection. What no one says: the law imposes a real technical verification, not just a piece of paper.

On a case in Nice last year, I measured a slab flatness defect of 8 mm over 2 m, while the NF DTU 26.2 standard (French technical document for floor screeds) tolerates 5 mm. The developer had “checked” with a spirit level, not a 2 m straightedge. Result: the lifting was abusive. An independent expert can demonstrate this with precise measurements.

Principle Diagram: Uncorrected Defect vs Abusive Lifting

The Calculations That Change Everything: Measured Gap vs Legal Tolerance

Let’s take a concrete example in Nice. You measure the distance between two partitions: 4.00 m. The VEFA plan indicates 4.04 m. The gap is 4 cm. The usual tolerance for a new home is ±1 cm on interior dimensions. The calculation: gap = |4.04 – 4.00| = 0.04 m = 4 cm. That is 4 times the tolerance. What this means concretely: the defect is proven, the lifting of reservations is abusive. Article 1792-6 of the Civil Code (paragraph 2) specifies that acceptance is the act by which the client accepts the work with or without reservations. Reservations must be lifted technically, not administratively.

Another common calculation: wall flatness. With a 2 m straightedge, you measure a deviation of 8 mm. The NF DTU 26.2 tolerance (French standard for floor screeds) is 5 mm under a 2 m straightedge. The gap is 3 mm, i.e., 60% excess. The developer cannot declare the lifting without having redone the plaster.

What Happens If You Do Nothing: Accelerated Deterioration

An uncorrected defect does not remain stable. In Nice, with humidity and temperature variations, a misaligned partition can crack the tiles within 6 months. A poorly installed window seal lets in air and water: within 2 years, mould and peeling wallpaper. Costs? Expect €500 to €2,000 per defect if you have to have it repaired after the warranty. And if the defect affects the structure (e.g., a mispositioned beam), the consequences can be much more serious.

I saw a case in Nice where an uncorrected slab level defect caused a reverse drainage slope in the bathroom: water stagnated under the bathtub. The owner waited a year, the tiles came off. Total repair cost: €3,500. The developer eventually paid after a formal notice, but the hassle was avoidable.

Recourse and Guarantees: What You Can Demand

You are protected by the perfect completion guarantee (Article 1792-6 of the Civil Code, paragraph 3), which lasts one year from acceptance. The developer must redo all defects listed in the reservations report, even if the lifting was declared abusively. Send a registered letter with acknowledgment of receipt to the developer, detailing the uncorrected defects and demanding their repair within 15 days. If no response, file a claim with the Nice judicial court (expedited procedure on the merits). Have an independent expert assist you to document the defects through a joint inspection. In Nice, court delays are long: it is better to act quickly, within 6 months of the abusive lifting.

Frequently asked questions

Off-plan purchase (VEFA): reservations signed off but defects not corrected. What can you do?

If reservations have been signed off despite defects that have not been corrected, you must notify the seller by registered letter with acknowledgement of receipt, listing the reservations precisely. If no action is taken, you can bring the matter before the judicial court to obtain remedial works or damages, subject to the warranty time limits.

How long do you have to report defects after reservations are signed off in a VEFA purchase?

You have one month after the reservations are signed off to report uncorrected visible defects in writing, in accordance with article 1642-1 of the Civil Code. After that period, you lose the right to act on those visible defects, but latent defects remain covered by the ten-year warranty (garantie décennale).

VEFA defects not corrected: can you refuse to lift the reservations?

Yes, you can refuse to sign off the reservations if the defects have not been corrected. Signing off reservations is an important step: it closes the handover. By refusing, you keep up the pressure on the developer to complete the works, but you should consult a lawyer to follow the proper procedures and avoid any dispute.

See also: Disputing VEFA Defect Clearance in Nice: Uncorrected Faults · Disorders After Reservation Lift in Nice: What to Do

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Read more: Article 1641 of the Civil Code and the latent defects warranty, explained.

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.