EXPERTISE — VEFA (Sale of Future Completion)
You have just received the keys to your new apartment in Antibes. The VEFA plan promised a kitchen on the left when entering, a 25 m² living room on the south side. You open the door: the kitchen is on the right, the living room is 22 m². 3 m² less is the equivalent of a small bedroom. The developer tells you “it’s a mirror, it’s the same.” But it’s not the same, and the law is clear.
What You See — and What It Really Hides
The symptom is obvious: the rooms are reversed compared to the plan. But that’s not all. Measuring with a laser, you find that the dimensions don’t match: the living room advertised as 6.25 m x 4.00 m is actually 5.80 m x 3.80 m. The difference is not due to wall thickness; it is real.
What I often see in this case: the developer changed the layout of technical ducts or partitions without informing you. On a case in Antibes last year, I measured an 8 cm discrepancy in the length of the living room, which shifted the entire layout. The VEFA plan is a contractual document, not a mere intention.
The Calculations That Change Everything: Area, Price, Compliance
The habitable area according to the VEFA plan: 6.25 x 4.00 = 25.00 m² for the living room, same for the kitchen, total 50.00 m². Actual measured: 5.80 x 3.80 = 22.04 m² per room, total 44.08 m². A difference of 5.92 m², or 11.8% less. The tolerance threshold generally accepted in case law (French Construction and Housing Code art. L261-11, paragraph 2) is 5% for VEFA sales. Beyond that, the developer is in default. In Antibes, at a price of €6,500/m², this represents a loss of €38,480.
What this means concretely: you can demand a proportional price reduction or, if the discrepancy exceeds 10%, request the cancellation of the sale. The Grasse court has already ruled in this regard for a similar case in 2022.
What Happens If You Do Nothing: Risks at 6 Months, 2 Years, 5 Years
At 6 months, you get used to it. But at 2 years, you want to resell: the area measurement certificate (Loi Carrez, French law on co-ownership lot area) will reveal the discrepancy. The potential buyer withdraws or negotiates €40,000 less. At 5 years, if you have not acted, the developer will oppose the foreclosure of the conformity guarantee (art. 1648 of the French Civil Code). You lose all recourse.
Approximate cost of an expert appraisal: €2,500 to €4,000. Cost of a trial: €5,000 to €15,000. But without an expert appraisal, you cannot prove the defect. And the developer knows it. Honestly, don’t let it slide.
Recourse and Guarantees: What You Can Demand
The conformity guarantee (French Construction and Housing Code art. L261-11, paragraph 1) protects you: the seller must deliver a property conforming to the plans and specifications. Legal action must be taken within 5 years of delivery. Procedure: registered letter with acknowledgment of receipt to the developer, then referral to the Grasse court. In practice, have the discrepancies noted by an expert (surveyor or architect) before sending the registered letter. In Antibes, I perform these assessments with a Leica laser distance meter and a scaled drawing at 1/50. The report will serve as evidence.
📅 Mis à jour le 24/08/2026 — Par Cassini Expertise, expert bâtiment indépendant 06 & 83. Devis gratuit : 04 22 46 06 04.
Questions fréquentes
VEFA plan doesn't match apartment what to do?
If the delivered apartment is a mirror image of the VEFA plan, you should first notify the developer in writing and request a correction. Under French law, the delivery must conform to the contract and plan; if not, you can refuse delivery or seek legal remedies.
Can I refuse delivery of a VEFA apartment if it's a mirror image?
Yes, you can refuse delivery if the apartment differs significantly from the approved VEFA plan, such as being a mirror image. This constitutes non-conformity, allowing you to demand the developer remedy the issue or claim damages.
What are my rights if my VEFA apartment is reversed?
You have the right to require the developer to bring the apartment into conformity with the plan. If that's impossible, you can seek compensation or terminate the contract, depending on the severity of the non-conformity.