# Lifting of Reservations in Nice: Defect Persists, What to Do? > Levée de réserves VEFA à Nice mais défaut encore présent : comment réagir, faire constater et contraindre le promoteur à intervenir. - URL : https://cassini-expertise.fr/en/lifting-reservations-nice-defect-persists/ - Langue : en-US - Mis à jour : 2026-11-06 - Site : Cassini Expertise (https://cassini-expertise.fr/) EXPERTISE – RESERVATIONS You receive a letter from the developer: “Reservations are lifted.” Yet the living room tile sounds hollow, the French door closes poorly, and the facade expansion joint is still open. 70% of reservation liftings I inspect in [Nice](https://cassini-expertise.fr/nice-secheresse-argile-fissures-donnees-officielles/) hide uncorrected defects. The developer ticks a box, but the defect remains. ## What You See – and What It Really Hides ![lifting reservations nice defect persists - Cassini Expertise](https://cassini-expertise.fr/wp-content/uploads/2026/09/fissures-mur.webp) *Cassini Expertise – independent building expertise* The developer sends you a signed “declaration of lifting of reservations.” You review the initial list: crack, humidity, waterproofing defect… all marked “done.” But looking closely, the crack was just filled with mastic, the humidity was washed without root treatment, and the waterproofing defect was “repaired” with a simple silicone joint. What no one says: a lifting of reservations is not a technical assessment. It is an administrative declaration. Only an expert can attest that the defect is truly corrected. On a case in Nice last year, I measured a flatness deviation of 8 mm under a 2 m straightedge – the developer had just sanded the screed. The NF DTU 26.2 standard (French technical document for floor screeds) tolerates 3 mm. The defect was still there. ## The Calculations That Change Everything: Flatness Tolerance Take a concrete example: a living room slab in Nice. You place a 2 m straightedge, you measure a deviation of 8 mm. The NF DTU 26.2 standard (French technical document for floor screeds) imposes a maximum deviation of 3 mm under a 2 m straightedge for tiled flooring. Calculation: measured deviation = 8 mm, allowable deviation = 3 mm. Result: non-compliant. [Article 1792-3](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006443534) of the French Civil Code provides that defects affecting equipment elements create a presumption of liability of the builder if the defect renders the structure unfit for its intended purpose. A tile that sounds hollow or cracks falls within this framework. ## What Happens If You Do Nothing Six months later, the crack reappears, wider. The humidity spreads to the adjacent plasterboard. In two years, the tile lifts. Cost of rework? Expect €3,000 to €8,000 for a complete restoration of the area, not to mention the inconvenience. And if you sell, the defect will be detected during the pre-sale inspection: the price drops or the sale falls through. What we often observe: the developer bets on your weariness. He knows that most owners sign the lifting without checking. But the law is on your side. ## Recourse and Guarantees: What You Can Demand You are covered by the guarantee of perfect completion ([art. 1792-6](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006443552) of the French Civil Code) for unresolved reservations. For serious defects, [article 1792](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000006443502) (decennial liability) applies if the defect compromises solidity or renders the structure unfit for its intended purpose. Procedure: send a registered letter with acknowledgement of receipt to the developer with a formal notice to remedy, then bring the matter before the judicial court of Nice if necessary. A court-appointed expert (like me) will note the defects and estimate the repairs. Do not let the window pass: the decennial guarantee runs up to 10 years after acceptance. ## Frequently asked questions ### Reservations signed off in Nice but the defect persists: what should you do? If the sign-off of reservations has been signed but the defect persists, you can invoke the guarantee of perfect completion (garantie de parfait achèvement, GPA) within the year following handover, even if the reservations have been signed off. Send a formal notice to the builder by registered letter with acknowledgement of receipt. If they do not react, apply to the judicial court (tribunal judiciaire). ### Reservations signed off but the work was never done: what recourse do you have? Signing off reservations does not deprive you of your remedies if defects persist. You can invoke the guarantee of perfect completion (GPA) for one year, or the [ten-year warranty](https://www.service-public.gouv.fr/particuliers/vosdroits/F2034) (garantie décennale) for serious damage. Keep all evidence (photographs, letters) and call in an expert if necessary. ### Defect after reservations signed off in Nice: what should you do? First, notify the builder in writing (registered letter with acknowledgement of receipt), describing the defect and asking for it to be repaired. If the one-year period following handover has not yet expired, you are covered by the guarantee of perfect completion. Beyond that, check whether the problem falls under the ten-year warranty or the two-year warranty (garantie biennale). If they refuse, consult a lawyer who specialises in construction law. **Further reading:** [Independent Building Expert – French Riviera](https://cassini-expertise.fr/en/) · [Reservations Lifted but Work Poorly Done in Antibes: What to Do?](https://cassini-expertise.fr/en/reservations-lifted-poor-work-antibes-what-to-do/) · [VEFA Reservation Lifting in Nice: Uncorrected Defects, What to Do?](https://cassini-expertise.fr/en/vefa-reservation-lifting-nice-uncorrected-defects/) --- Source : https://cassini-expertise.fr/en/lifting-reservations-nice-defect-persists/