EXPERTISE – VEFA CÔTE D’AZUR
You sign at the notary’s office, turnkey. The developer sold you an unobstructed sea view, written in black and white in the reservation contract. Upon delivery, you open the sliding glass door and… a new three-storey building faces you. The sea has disappeared. Antibes, its coastline, its skyrocketing prices per square metre. Over the past 12 months, I have inspected 7 similar cases in the Alpes-Maritimes. Each time, the developer claims a “minor modification” of the site plan. But the law is clear: the sea view is a substantial quality.
What You See – and What It Really Hides
You look out the window and see only concrete. Yet on the sales plan, an arrow indicated “panoramic sea view.” The developer tells you that the neighbouring building was already planned in the Local Urban Plan (PLU). But it was not on the site plan attached to your contract. The contractual site plan is binding. What we often observe on site: the developer modified the layout of his own building or allowed a third party to build without informing you. The difference between the plan and reality is measured with a total station. With a Leica TS16, I measure angles and distances from your window to the obstacle. Then I compare with the dimensions on the site plan.
Frankly, what no one says: the sea view is not an absolute guarantee in law, but it becomes contractual if mentioned in the deed of sale. Article 1604 of the Civil Code requires delivery in conformity. The Construction and Housing Code (CCH) L261-11 (paragraph 2) specifies that the characteristics of the property must correspond to the contract. If the view is blocked, it is a non-conformity defect.
The Calculations That Change Everything: Conformity Gap
Let’s take a real case in Antibes, Badine district. The contract mentioned a distance of 30 metres between your window and any future obstacle. On site, I measure with a Leica Disto D810 laser distance meter: 18.40 m. The gap is 11.60 m. The usual tolerance formula in VEFA (off-plan purchase) is 5% on distances. Here, 5% of 30 m = 1.50 m. The actual gap (11.60 m) far exceeds this tolerance. Concretely, the sea view is obstructed by 80% according to the view cone. Article 1604 of the Civil Code (paragraph 1) requires delivery in conformity. CCH L261-11 (paragraph 3) allows requesting a price reduction or cancellation of the sale if the defect is serious. Antibes is in seismic zone 3, but here the problem is not structural: it is a contractual non-conformity defect.
What Happens If You Do Nothing
The developer offers you compensation of €5,000. You hesitate. But in 6 months, the obstacle building will be finished and the view permanently blocked. In 2 years, you will want to resell: the valuation will lose 15 to 25% compared to a property with a sea view. In Antibes, that’s €60,000 to €100,000 less. Not to mention the loss of enjoyment. I saw a case where the buyer accepted €8,000, then resold 4 years later with a loss of €90,000. Secondary defects? None, but the market value drops. If you wait 5 years, the statute of limitations for the conformity action (5 years from delivery) catches up with you.
Recourse and Guarantees: What You Can Demand
You can invoke the conformity guarantee (Art. 1604 Civil Code, paragraph 1) and CCH L261-11 (paragraph 2). Procedure: registered letter with acknowledgement of receipt to the developer, formal notice to restore the view or compensate you. Then, call on an independent expert (like me) for a joint inspection. If nothing progresses, seize the Grasse Judicial Court. In practice, I compile a file with the sales plan, photos, topographical measurements, and an expert report. The judge may order a proportional price reduction (often 10 to 20% of the price) or damages. Do not accept the developer’s first offer: it is always lower than what you will obtain with a solid expert report.
Frequently asked questions
Sea view not delivered in a VEFA (off-plan purchase): what to do?
If the sea view promised in a VEFA (off-plan purchase) is not respected, you can rely on the contractual conformity guarantee. It is advisable to send the seller a formal notice (mise en demeure) and then bring legal proceedings within 5 years of completion of the works (réception) to obtain damages or restoration.
Can you cancel a VEFA (off-plan) sale if the sea view is blocked?
Yes, if the sea view was a decisive condition of the contract, you can seek cancellation of the sale on grounds of defective consent or breach of the obligation to deliver a conforming property. This action must be brought within 5 years of discovering the problem, but it is better to act quickly after handover.
What guarantee applies if a VEFA (off-plan) property departs from the plans?
The contractual conformity guarantee covers discrepancies between the plans and what is built. You must notify the developer by registered letter and, if no agreement is reached, apply to the judicial court. Remedies are available up to 5 years after completion (réception), but for hidden defects the time limit is 2 years from discovery.
Related reading: VEFA Sea View in Antibes: Contractual Guarantee Not Honoured · VEFA Sea View Not as Promised in Antibes: Your Recourse
Read more: Article 1641 of the Civil Code and the hidden defects warranty, explained.
Survey carried out by Frédéric Faucouneau, independent building expert – Antibes, Alpes-Maritimes (06), Var (83), Bouches-du-Rhône (13). Find out more
📅 Last updated 06/11/2026 - Cassini Expertise, independent building expert – departments 06, 83 and 13.