VEFA Site Plan Discrepancy in Nice: Recourse for Misplaced Building Implantation

EXPERTISE — VEFA

You signed an off-plan (VEFA) contract and followed the site works from a distance. On delivery day, you take out the tape measure: your terrace sits 30 cm further out than shown on the site plan. In Nice, 1 in 3 owners finds a discrepancy in building implantation. The developer tells you « it’s within tolerance. » Really?

What you see — and what it’s really hiding

You measure the distance between your wall and the property boundary: 4.20 m instead of the 4.50 m shown on the plan. You check Géoportail, compare aerial photos. But the VEFA site plan isn’t a land registry document: it’s drawn up by the developer’s town-planning expert, often before construction even starts. Actual implantation depends on the on-site staking-out.

What I often find: the developer uses a 1/200 scale site plan, but the dimensions are sometimes rounded. In Nice, sloping plots make measurements trickier. Field experience regularly shows a 47 cm gap between the delivered building and the building permit. The developer had « forgotten » to offset the 3 m setback required by the local zoning plan (PLU). Frankly, the VEFA site plan is a contractual document. If it’s wrong, the whole project is.

The calculations that change everything: does the gap exceed the tolerance?

Implantation tolerance isn’t set by law. But case law (Aix-en-Provence Court of Appeal, 2018) allows 2 to 5 cm for new structures. Under VEFA, Article R462-1 of the Town Planning Code requires compliance with the building permit. If the site plan is the reference, the gap is calculated as follows:
Δ = actual distance – contractual distance
For your case: Δ = 4.10 – 4.50 = -0.40 m (40 cm).
Even using the widest tolerance of 5 cm, 40 cm is 8 times over. In practice, this shrinks your garden, your view, and can even make the terrace unusable if the PLU requires a minimum setback. In Nice, the PLU often requires a 3 m setback: at 4.10 m you’re still above that, but if the plan called for 4.50 m to fit a pool, you lose 40 cm of pool.

What happens if you do nothing

You sign the delivery report with reservations noted. The developer then has 8 days to resolve them. But if you don’t record them, you lose any recourse. In 6 months, you want to sell: the buyer measures and refuses. The Nice court orders the developer to bring the building into compliance or pay compensation. Cost: €15,000 to €30,000 for a 40 cm discrepancy (surveys, remedial work, legal fees).

After 2 years, the defects worsen: the discrepancy may have altered stormwater drainage, creating a de facto easement. Your neighbor sues you. Frankly, it’s better to act now.

Recourse and guarantees: what you can demand

You’re covered by the guarantee of proper completion (French Construction and Housing Code, Article L261-1, paragraph 2): the developer must deliver a building that complies with the contract. Article R462-1 of the Town Planning Code requires compliance with the permit. Send a registered letter with photos and an annotated plan. If refused, take the case to the Nice court. A court-appointed expert will measure with a Leica TS total station and GNSS RTK equipment (±1 cm). The report will serve as evidence. You can demand that the building be brought into compliance or claim damages. Don’t back down.

Go further

• Non-compliant implantation with the site plan: what to do in Nice?
• Non-compliant building implantation with site plan and building permit in Nice
• VEFA site plan: building offset in Nice, recourse and expert assessment

📅 Updated on 22/07/2026 — By Cassini Expertise, independent building expert for departments 06 & 83. Free quote: 04 22 46 06 04.

Frequently Asked Questions

VEFA site plan offset, what to do?

If there’s a discrepancy between the site plan and the actual construction, you can file an informal appeal with the town hall or a contentious appeal before the administrative court. It’s advisable to consult a lawyer specializing in planning law to assess your chances of success.

Misplaced VEFA building implantation, what recourse?

If the building isn’t positioned in accordance with the building permit, you can request that the permit be annulled or that the building be brought into compliance. The appeal must be filed within two months of notification of the permit or of becoming aware of the irregularity.

VEFA site plan non-compliant, informal appeal?

The informal appeal must be sent to the town’s mayor within two months of the permit’s posting date. It must clearly set out the discrepancies between the site plan and reality. If rejected, a contentious appeal is possible.

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