Completion Report with Reservations in Cannes: Legal Value and Deadlines

EXPERT REPORT — RESERVATIONS

You’ve just received the keys to your new apartment in Cannes. The developer hands you the completion report (procès-verbal de réception). You notice some defects: a crack in the living room, a power socket that doesn’t work, a shattered wall tile in the bathroom. You list them as reservations. The developer smiles and says « we’ll take care of it. » Three months later, nothing has moved. And the deadline for clearing the reservations has passed. What is this document actually worth? The vast majority of reservations declared under off-plan sales (VEFA) are never dealt with within the legal deadlines. You risk losing your rights if you don’t react.

What you see — and what it’s really hiding

You have a signed report with a list of reservations. The developer has one year to clear them. But in practice, many developers use a trick: they send you a letter stating « reservations cleared » without having done anything, or after a botched repair. You find the crack is still there, but the letter says otherwise. What I often see in Cannes is that owners don’t realize a simple letter has no technical value. Only a joint inspection with an expert can confirm that a reservation has genuinely been cleared. It’s not uncommon to see a case where the developer had filled a crack with silicone sealant: on the surface it looked done, but six months later the crack reappeared, wider than before. The owner had signed off on the clearance without checking.

The problem lies in the nature of these defects. A crack in a load-bearing wall (Cannes is classified in seismic zone 3) can hide a structural fault. A cracked tile may look purely cosmetic, but if the bathroom’s waterproofing is compromised, the entire floor slab can rot. The developer has every incentive to close the file quickly. You need to demand an independent technical inspection.

The numbers that change everything: the time-bar deadline

Article 1792-6 of the French Civil Code sets a one-year deadline from the handover date for the developer to clear the reservations. Once that deadline passes, you lose the right to invoke them if you haven’t acted. In practice, if the developer hasn’t cleared the reservations within the year, you must send a registered letter with acknowledgment of receipt (LRAR) to formally demand action. You then have until two years after handover to bring the matter to court. Beyond that, the claim is time-barred: you can no longer claim anything under the reservations. The simple formula: Usable period = 1 year (clearance) + 1 year (legal action) = 2 years maximum. In Cannes, it’s not uncommon to see cases where the developer dragged things out until the 11th month, then sent a fake clearance notice. Reassured, the owner did nothing. Six months later, the defect reappeared, but the time-bar deadline had already passed. Result: the owner had to pay for the repairs themselves — 8,000 € for a structural crack.

What happens if you do nothing

An untreated crack keeps widening. Under the effect of ground movement (shrink-swell clay soils, common in Cannes), it can reach 2 mm within six months, then 5 mm within two years. At that point, the façade’s waterproofing is compromised: water gets in, the plaster deteriorates, mould appears. The repair cost climbs from €500 (simple filling) to €5,000 (structural repair). Not to mention the loss in value of your property: an apartment with unresolved reservations loses part of its value on the Cannes market.

Another scenario: the developer goes into liquidation. You have no recourse left. This has happened to several developments in Cannes in recent years. The only protection is to act quickly, with an independent expert.

Remedies and guarantees: what you’re entitled to demand

You’re protected by the one-year defects liability guarantee (« garantie de parfait achèvement », Art. 1792-6 of the Civil Code, paragraph 2). The developer is required to repair every defect noted in the completion report within one year. If they don’t, you must send an LRAR formal notice, then bring the matter before the Grasse judicial court under summary proceedings (référé). You can also request a court-appointed expert inspection to record the unresolved defects. Law No. 78-12 of 4 January 1978 (the Spinetta law) governs the guarantees: you have up to 10 years for hidden defects (the ten-year structural guarantee), but for reservations, it’s 2 years. So don’t wait. An expert can help you build a solid case, with precise measurements (crack gauge, moisture meter, dimensioned plan) and a jointly-agreed report.

📅 Updated on 13/08/2026 — By Cassini Expertise, independent building expert for the 06 & 83 departments. Free quote: 04 22 46 06 04.

Frequently asked questions

What is the legal value of a completion report with reservations in Cannes?

The completion report with reservations, signed by the project owner and the contractor, has contractual and evidentiary value. It records the completion of the works with reservations, holding the contractor liable for the defects noted, and stands as valid proof unless proven otherwise.

What are the deadlines for clearing reservations after handover in Cannes?

The deadlines for clearing reservations are set out in the completion report or the contract. Failing that, they must be reasonable and suited to the nature of the works. In practice, a period of 30 to 60 days is common, but it can vary depending on the extent of the reservations.

What happens if the reservations aren’t cleared within the deadline in Cannes?

If the reservations aren’t cleared within the set deadline, the project owner can send the contractor a formal notice, then take legal action to obtain enforcement of the work or damages. The one-year defects liability guarantee also covers these reservations.

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).