EXPERTISE — SNAGGING LIST
You’ve just moved into your new-build apartment in Marseille. The developer handed you the keys, but no handover report. No signed report, no snagging list. You’re left wondering: am I covered? In 2023, 1 in 5 off-plan (VEFA) sales in the PACA region ran into a handover problem. In Marseille, it’s a frequent source of disputes.
What you see — and what it’s really hiding
You have the apartment, you’re living in it. But without a handover report, the date you took possession is unclear. The developer may claim the handover happened by implication. Yet Article 1792-6 of the French Civil Code requires a written record. What nobody tells you: without a handover report, the warranty clocks (guarantee of perfect completion, two-year guarantee, decennial liability insurance) never officially start running. It’s not unusual to see a buyer who waited 18 months without a handover report, only for the developer to refuse any intervention on the grounds that the deadlines had passed — when in fact they had never even started.
The calculation that changes everything: no starting point
The guarantee of perfect completion (GPA) runs for 1 year from the date of handover. Without a handover report, there’s no fixed date. Formula: Guarantee deadline = Handover date + 1 year. If the handover is disputed, a judge sets the date. In the meantime, are apparent defects that were never listed still covered? Yes, because the burden is on the developer to prove the handover actually took place. In Marseille, the court applies Article 1792-6 of the Civil Code strictly: « Handover is the act by which the client takes possession of the work, with or without reservations. » Without a written report, the handover is deemed never to have occurred. Result: the warranties are never triggered. In practice, you can demand that the situation be formalised at any time.
What happens if you do nothing
Without a handover report, you’re in a legal grey zone. The developer can move on without ever taking responsibility for defects. Over time, defects get worse: cracks, water infiltration, waterproofing failures. In Marseille, humidity and the mistral wind speed up the damage. It’s not unusual to see a case where the lack of a handover report let the developer deny all responsibility for a tiling defect that appeared two years later. The repair bill? €8,000. Without a handover report, the buyer was left to pay it.
There’s another risk too: if you sell, the missing handover report can hold up the sale. Marseille notaries often require this document. Without it, the buyer may pull out or demand a price cut. Net loss: 5 to 10% of the sale price.
Remedies and warranties: what you can demand
You can formally give the developer notice to regularise the handover report, with or without reservations. If they refuse, take the matter to the Marseille judicial court. Cite Article 1792-6 of the Civil Code (paragraph 1: the legal definition of handover). You can also request a court-ordered expert assessment to record the condition of the property and start the warranty clocks running. In the meantime, keep every piece of written correspondence. Without a handover report, the statutory warranties are not time-barred: that’s your shield. To find out more, read our article on the legal weight of the handover report in Cannes or remedies for defects found after handover in Toulon.
Related articles:
Developer Lifted My VEFA Reservations in…
To find out more
- 📅 Updated on 06/08/2026 — By Cassini Expertise, independent building expert covering the 06 & 83 regions. Free quote: 04 22 46 06 04.
To find out more:
Frequently Asked Questions
What should I do if there’s no VEFA handover report in Marseille?
If there’s no handover report, you can formally give the seller notice to draw one up. If nothing happens, take the matter to the judicial court to have the handover officially recorded and to claim damages.
What remedies exist for a construction defect without a VEFA handover report?
Without a handover report, the ten-year (decennial) guarantee doesn’t start running, but you can bring a contractual liability claim within 5 years of receiving the keys. It’s advisable to have the defects assessed by an expert as soon as possible.
How can I prove a VEFA handover took place without a written report?
Taking possession of the property and the absence of written reservations can amount to an implied handover. Gather all available evidence (letters, photos, witness statements) to demonstrate that the property was handed over.
CECassini Expertise
Expert du bâtiment indépendant — Antibes (06·83·13·40)
📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).