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.

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:

  • VEFA handover: the snagging list that protects your rights
  • Snagging list closed but work poorly done in Antibes: what now?

  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.

  CE

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

EXPERTISE — RESERVATIONS

You have just moved into your new apartment in Marseille. The developer handed you the keys, but no handover report (procès-verbal de réception). No signed PV, no list of reservations. You wonder: am I covered? In 2023, 1 in 5 VEFA (sale of future completion) in the Provence-Alpes-Côte d’Azur region had handover issues. In Marseille, this is a frequent cause of litigation.

What You See — and What It Really Hides

You have the apartment, you occupy it. But without a handover report, the date of possession is unclear. The developer may claim that handover is tacit. Yet Article 1792-6 of the French Civil Code requires a written document. What no one tells you: without a PV, the warranty periods (perfect completion, two-year, ten-year) do not officially start. In a case in Marseille last year, I saw a buyer who waited 18 months without a PV: the developer refused any intervention claiming deadlines had passed. In reality, they had never started.

The Calculation That Changes Everything: No Starting Point

The perfect completion warranty (GPA) runs for 1 year from handover. Without a PV, no certain date. Formula: GPA period = Handover date + 1 year. If handover is disputed, the judge sets a date. In the meantime, are apparent defects not reserved still covered? Yes, because the developer must prove handover. In Marseille, the court strictly applies Article 1792-6 of the Civil Code: « Handover is the act by which the client takes possession of the work with or without reservations. » Without a written PV, handover is deemed not to have occurred. Result: warranties are not triggered. Concretely, you can demand regularization at any time.

What Happens If You Do Nothing

Without a PV, you are in a legal vacuum. The developer can sell the property without assuming defects. Over time, defects worsen: cracks, leaks, waterproofing issues. In Marseille, humidity and the mistral wind accelerate deterioration. I saw a case where the absence of a PV allowed the developer to deny all responsibility for a tiling defect that appeared after 2 years. The cost of repair? €8,000. Without a PV, the buyer had to pay.

Another risk: if you resell, the absence of a PV can block the transaction. Notaries in Marseille often require this document. Without it, the buyer may withdraw or request a discount. Direct loss: 5 to 10% of the price.

Recourse and Guarantees: What You Can Demand

You can put the developer on formal notice to regularize the handover report, with or without reservations. If refused, file a claim with the Marseille judicial court. Invoke Article 1792-6 of the Civil Code (paragraph 1: definition of handover). You can also request a judicial expert assessment to record the condition of the property and trigger the warranties. Meanwhile, keep all written exchanges. Without a PV, legal warranties are not time-barred: this is your shield. For more information, read our article on the legal value of the handover report in Cannes or recourse for defects outside reservations after handover in Toulon.

📅 Mis à jour le 11/08/2026 — Par Cassini Expertise, expert bâtiment indépendant 06 & 83. Devis gratuit : 04 22 46 06 04.

📅 Mis à jour le 12/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).