EXPERTISE – RESERVATIONS
You received a letter from the developer: “Reservations have been lifted.” Yet the defect is still there. A 3 mm crack in the load-bearing wall, a window that doesn’t close, an electrical outlet that doesn’t work. This is not an isolated case: out of 150 units delivered last year in Nice West, 40% of buyers contested at least one reservation lift. Your situation is common, but the consequences can be severe.
What You See – and What It Really Hides
The developer sends you a standard form: “Reservation No. 3: façade crack – lifted.” But you still see the crack. Why this discrepancy? Because the “lift” is administrative, not technical. The developer declares they have corrected it, but often they have done nothing or a temporary patch-up.
What no one tells you: the law distinguishes between the declaration of lifting (a paper) and the technical verification of lifting (a measurement). On a case in Nice last year, I measured a 2.5 mm crack declared “lifted”: in reality, it had just been filled with putty. Three months later, the crack reappeared, wider. Frankly, a developer pressed for time prefers to sign quickly rather than do a good job. You must demand a joint technical inspection.
The Calculations That Change Everything: The Severity Threshold
The French Construction and Housing Code (CCH, art. L261-11, §2) requires that the delivered property conforms to the contract. A 2.5 mm crack may seem minor, but in a load-bearing concrete wall, the local stress σ = F / A can exceed the allowable strength. Let’s take an example: a 20 cm thick wall, a load of 50 kN per linear metre. The average stress is σ = 50,000 N / (0.2 m × 1 m) = 250,000 Pa = 0.25 MPa. With a 2.5 mm crack, the effective area is locally reduced: if the crack affects 10% of the section, the local stress rises to 0.25 / 0.9 = 0.28 MPa. This is not critical for C25/30 concrete (strength 25 MPa), but it is a sign of progressive disorder. Article 1604 of the French Civil Code requires delivery in conformity: if the crack worsens, you can demand repair under the one-year warranty of perfect completion (garantie de parfait achèvement) or the ten-year warranty (garantie décennale).
What Happens If You Let It Slide
If you do not react, the developer considers the reservations closed. After the one-year period following delivery, the warranty of perfect completion no longer applies. You will then have to prove that the defect falls under the ten-year warranty (damage compromising solidity) or the warranty for proper functioning (equipment). But without an expert assessment, it is complicated. In a case in Antibes, a homeowner waited 18 months to report a leak: the developer refused, arguing that the one-year deadline had passed. The court-appointed expert concluded a hidden defect, but the proceedings lasted 3 years. Do not let the situation drag on.
Concrete Remedies in Nice in 2025
Faced with ignored reserves, several options are available to you:
- Formal notice: send a registered letter with return receipt to the developer, listing the unresolved reservations and demanding correction within 15 days. Attach photos and a bailiff’s report if possible.
- Contact the financial guarantor: if the developer does not respond, contact the guaranteeing organization (bank or insurer) to trigger the delivery guarantee.
- Amicable or court-supervised expert assessment: hire a building expert (like Cassini Expertise) for a joint technical inspection. The expert will measure the defects, assess their severity, and determine necessary repairs. This report is admissible in court.
- Legal action: as a last resort, sue the developer before the Nice Judicial Court. You can request repairs under penalty or compensation. Timelines range from 6 to 18 months depending on complexity.
What we often observe: buyers who act quickly (within 3 months of the lift) win in 80% of cases. Those who wait more than a year succeed in only 30% of cases. Do not delay.
How Cassini Expertise Can Help You
Our building expertise firm based in Nice operates throughout the French Riviera (Nice, Cannes, Antibes, Monaco). We conduct joint technical inspections for construction reservations, developer disputes, and hidden defects. Our expert, with 15 years of experience, uses precise measurement tools (crack gauge, thermography, moisture meter) to objectify disorders. We assist you in drafting formal notices and preparing the file for a court-supervised expert assessment. Contact us for a free initial diagnosis.
Frequently asked questions
Developer has not cleared reservations in Nice: what should you do?
If the developer ignores your reservations, send a formal notice by registered letter with acknowledgement of receipt. If there is no reply within 8 days, apply to the summary-proceedings judge (juge des référés) for an expert assessment and for the reservations to be cleared under a daily penalty.
How long does the developer have to clear reservations after delivery in Nice?
The developer must clear the reservations within one year of delivery, unless an extension has been agreed in writing. After that period, you can take legal action to have the works carried out.
What should you do if the developer does not respond to your reservations in Nice in 2025?
In 2025, the ALUR law strengthens your rights: send a formal notice, then apply to the tribunal judiciaire. You can also contact the DGCCRF (the French consumer protection authority) or a specialist lawyer to speed up the process.
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.