{“@context”: “https://schema.org”, “@type”: “FAQPage”, “mainEntity”: [{“@type”: “Question”, “name”: “I’m receiving my off-plan property (VEFA) next week and I see defects: what should I do?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “Do NOT sign the handover report without listing snags. Note every defect in writing, with photos. If defects are visible, they must appear on the snag list. An expert can accompany you at handover to spot what you might miss.”}}, {“@type”: “Question”, “name”: “The developer refuses to fix the snags: what deadline applies?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “The developer has a contractual deadline (usually 12 months) to fix the listed snags. If they fail to do so, you can go to court and request a court-ordered expert assessment. Keep all written evidence.”}}, {“@type”: “Question”, “name”: “Can I withhold part of the payment if the work is poorly done?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “Yes. As long as the work does not comply, you can place the balance in escrow or withhold it. Never pay the full balance if defects exist – payment implies acceptance.”}}, {“@type”: “Question”, “name”: “Can an expert attend my VEFA handover with me?”, “acceptedAnswer”: {“@type”: “Answer”, “text”: “Yes. An expert attending the handover identifies defects you might not see, measures them (crack gauge, laser level, moisture meter) and drafts a snag list that is enforceable against the developer. This is the best moment to document everything.”}}]}
VEFA or CCMI: two formulas, two contractual logics
Before building in the Alpes-Maritimes or the Var, private buyers have two legal frameworks to choose from: the off-plan sale contract (VEFA – vente en l’état futur d’achèvement) and the single-family home building contract (CCMI – contrat de construction de maison individuelle). Each follows its own rules, set out respectively in Blog 1601-1 et seq. of the French Civil Code and Blog L. 231-1 et seq. of the French Construction and Housing Code. Confusing the two regimes can lead to costly mistakes at handover and in the event of a dispute.
How VEFA works
Under a VEFA contract, the buyer purchases a property that is under construction or yet to be built. Ownership transfers progressively, in line with payment calls tied to the progress of the works. The developer retains full control of the site, and the buyer has no say over contractors or materials, aside from the options listed in the contract.
VEFA mainly applies to collective developments: new residences, apartment buildings, mixed-use complexes. In Nice, Cannes or Antibes, it is the dominant route to homeownership in town centres, where buildable land is increasingly scarce.
How CCMI works
CCMI, by contrast, governs the construction of a single-family home by a builder. The contract must include mandatory clauses: a fixed, final price, a completion deadline, proof of the guarantee covering delivery at the agreed price and timeframe, and building-defects insurance (dommages-ouvrage). Two variants exist: with or without house plans supplied. Since the law of 19 December 1990, this is one of the most protective regimes in French construction law.
The CCMI builder commits to an all-inclusive, fixed price. Late-delivery penalties apply automatically once the contractual deadline is missed, with no need for the buyer to prove fault.
Pros and cons of each option
- VEFA: access to developments in high-demand areas, staged payments tied to progress, a fixed price subject only to the legally regulated revision clause (Art. R. 1601-13 of the Construction Code). The trade-off: the buyer has no control over technical choices and the schedule can shift.
- CCMI: guaranteed price and deadlines, a fully customisable plan, a single point of contact. The trade-off: the cost per square metre is often higher, and finding the plot remains the buyer’s responsibility.
Warranties: a common foundation, with nuances
Both formulas trigger the same statutory warranties: completion warranty (one year), biennial warranty (two years), and ten-year structural liability. The difference lies in the starting point. Under VEFA, handover takes place at delivery, with a report listing any snags. Under CCMI, handover occurs when the keys are handed over, and snags must be resolved within a contractual deadline before the final instalments are released.
The guarantee covering delivery at the agreed price and timeframe, mandatory under CCMI, has no strict equivalent under VEFA: if the developer fails, the buyer becomes a creditor of a company in insolvency proceedings, with all the delays that entails.
The risk of developer insolvency
This point deserves particular attention given the current climate: several regional developers have run into difficulty in recent years. Under VEFA, a buyer of a property at foundation stage may wait months, even years, for a new operator to resume the site. Under CCMI, the delivery guarantee allows the work to be completed by another builder, at the guarantor’s expense.
What recourse exists for defects or delays?
Whichever formula applies, handover is the decisive act. It sets the starting point for warranties and finalises the snag list. Signing a handover report with no reservations while visible defects exist significantly weakens your position: case law treats the buyer as having accepted the property as it stands.
Our assignments in Antibes, Grasse, Cannes, Nice and the Var regularly involve:
- challenging a handover report signed under pressure, on a verbal promise of repairs that was never kept;
- establishing whether defects fall under the ten-year structural warranty (structural cracks, waterproofing failures, defects affecting soundness or intended use);
- calculating and claiming late-delivery penalties, particularly under VEFA when the developer invokes force majeure or supply issues;
- triggering the building-defects insurance to pre-fund repair works.
Key deadlines to remember
The ten-year structural warranty period runs from the date of handover. After that, any claim against the builder or developer is time-barred, save for a distinct tortious fault. Reporting defects in writing within weeks of delivery, by registered letter, is a basic precaution.
How to decide between VEFA and CCMI?
The choice depends on the project: an apartment in a development in Cannes or Nice calls for VEFA. A single-family home on a plot acquired in the Grasse hinterland or the Var is better served by the stronger contractual security of CCMI. In both cases, carefully reading the contractual documents before signing – the reservation contract, sale contract, descriptive notice, insurance certificate – prevents most disputes.
When a construction dispute arises, every week counts. Cassini Expertise, an independent building expert based in Antibes, supports property owners across the Alpes-Maritimes and the Var. Call 04 22 46 06 04.
Further reading: Monaco vs France Construction Law: Key Differences and Expert Witness Services in Nice · CCMI Contracts: Your Legal Recourse for Construction Defects · CCMI Perfect Completion Guarantee: Everything You Need to Know
{“@context”:”https://schema.org”,”@type”:”ProfessionalService”,”name”:”Cassini Expertise – Independent Building Expert”,”telephone”:”+33422460604″,”email”:”contact@cassini-expertise.fr”,”address”:{“@type”:”PostalAddress”,”streetAddress”:”22 rue Vauban”,”addressLocality”:”Antibes”,”postalCode”:”06600″,”addressCountry”:”FR”},”areaServed”:[“Alpes-Maritimes”,”Var”,”Bouches-du-Rhône”],”description”:”Independent building expert: damp, drought-related clay shrinkage (RGA), cracks, off-plan (VEFA) defects, workmanship defects, odours, structural diagnosis. Detailed written report, no works sold, works alongside lawyers.”}
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.