EXPERTISE — VEFA (Off-Plan Sale)
You have just received the keys to your new apartment in Nice. The developer hands you the delivery report. You go down to the basement: your parking space seems narrow. You pull out a tape measure: 2.20 m wide instead of the promised 2.50 m. It’s the kind of detail that spoils a €350,000 purchase.
What You See — and What It Really Hides
On the VEFA plan, the space measures 2.50 m x 5.00 m. In reality, pillars and partitions eat into the area. The floor markings look correct, but the usable width between two parked cars is less than 2.30 m. Honestly, who measures with a tape measure on delivery day? Almost no one. What I often see in Nice is that the developer counts the “gross” area (cell area) while the Local Urban Plan (PLU) requires a “usable” area (excluding obstacles).
Article 12 of the Nice PLU requires for new housing a parking space of at least 2.50 m x 5.00 m, with a clearance of 0.50 m on the driver’s side. The French standard NF P 91-120 specifies that the minimum width between two vehicles must be 2.30 m. If your space is 2.20 m, you are below the regulatory threshold.
The Calculations That Change Everything: Usable Area vs. Cadastral Area
Article 12 of the Nice PLU states: “The area of each parking space must be at least 12.5 m² (2.50 m x 5.00 m).” But French standard NF P 91-120 §4.2 specifies that the usable area is measured between fixed obstacles (pillars, walls). In your case, between two pillars, the clear width is 2.20 m. The actual usable area = 2.20 m x 4.80 m (clear length) = 10.56 m². That is a deficit of 1.94 m², or 15.5% less area. What this means in practice: you cannot fully open the driver’s door without hitting the neighboring vehicle.
What Happens If You Do Nothing: Deterioration and Dispute
You sign the delivery report without reservations. Six months later, you notice scratches on the door from rubbing against the pillar. Neighbors also complain. The developer invokes “forclusion” (time-bar): you accepted the space. In reality, non-compliance with the PLU is a hidden defect. In a similar case in Nice last year, I measured a space of 2.15 m. The Nice court ordered the developer to reduce the price by €8,000. Without an expert opinion, you would have obtained nothing.
After two years, if you want to resell, the next buyer will measure. You will be forced to lower the price or finance modifications (moving partitions) that can cost €5,000 to €10,000. Not to mention legal fees.
Recourse and Guarantees: What You Can Demand
You are covered by the one-year perfect completion guarantee (garantie de parfait achèvement) and the ten-year liability for hidden defects. The procedure: registered letter with acknowledgment of receipt to the developer, formal notice to comply with PLU art. 12 and NF P 91-120 (§4.2). If refused, refer the matter to the Nice court. A court-appointed expert will measure in an adversarial manner. You can also demand a price reduction or cancellation of the sale. Do not delay: deadlines are short.
📅 Mis à jour le 28/08/2026 — Par Cassini Expertise, expert bâtiment indépendant 06 & 83. Devis gratuit : 04 22 46 06 04.
Questions fréquentes
Can I cancel a VEFA contract if the parking space is smaller than planned?
Yes, under French law, if the non-conformity is substantial (e.g., the parking space is significantly smaller or unusable), you may request termination of the sale or a price reduction. You must act within 5 years of the handover, but it's best to notify the developer promptly.
What are my rights if the parking space dimensions don't match the VEFA plan in Nice?
You have the right to demand that the parking space be brought into conformity with the contractual specifications. If that's impossible, you can claim damages or a reduction in price. The developer is liable for non-conformity under the 'garantie de parfait achèvement' for one year after handover.
How to claim compensation for a non-conforming parking space in a VEFA purchase?
First, send a formal notice (mise en demeure) to the developer detailing the issue. If unresolved, you can take legal action within 5 years. Compensation typically covers the difference in value or the cost of making the space conform, plus possible damages for inconvenience.
Cassini Expertise
Expert du bâtiment indépendant — Antibes (06·83·13·40)
📅 Mis à jour le 19/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).