VEFA Handover: The Reservations That Protect Your Rights

VEFA handover: why this stage is critical for your new-build investment

You’ve just bought an off-plan property (VEFA – Vente en l’Etat Futur d’Achevement) in the Alpes-Maritimes or the Var. Congratulations! But be warned: the handover, also called « delivery », is a pivotal moment. This is the exact point at which you take possession of your apartment or villa – and formally accept the works, with or without reservations. In the fast-moving new-build market on the French Riviera, from Nice to Toulon via Cannes or Hyeres, rushing this step can prove costly. A developer in a hurry, rushed finishes, missing fittings… the examples are plentiful. That is why a thorough handover, backed by precisely worded reservations, is your best legal and financial protection.

What is VEFA handover and when does it take place?

Handover is the act by which you accept the works with or without reservations. In practice, the developer hands you the keys, and you check the property against the plans and the works specification (descriptif). This step usually takes place between 2 and 6 weeks before the date set out in the contract, though it can sometimes be delayed. During the visit you will be accompanied by the developer and often the site manager. **Never** sign the handover report (proces-verbal, or PV) without thoroughly inspecting every room. This document is binding and settles most of your remedies. Once the PV is signed, any visible defects not mentioned can no longer be attributed to the developer.

Reservations at handover: your most valuable right

### What makes a reservation valid? A reservation is a written note flagging a compliance defect, a visible fault or unfinished work. To be valid, it must be: – **Precise**: state the room (e.g. « bedroom 1 ») and the exact location (« east wall »). – **Descriptive**: describe the problem (« 15cm vertical crack »). – **Technical**: where possible, suggest a qualification (« partition out of square »). A vague reservation such as « to be checked » or « finishes to be redone » is legally weak. In the Var as in the Alpes-Maritimes, courts are strict on this point. A building expert can help you precisely qualify the defects, particularly waterproofing, levelling or acoustic performance issues, which are common in coastal apartment blocks.

How to prioritize your reservations

Not all reservations carry equal weight. Here is how to rank them: 1. **Reservations liable to compromise habitability** (water ingress, no heating, electrical faults, etc.): these must be listed first and take priority. 2. **Breaches of contractual compliance**: a room smaller than planned, lower ceiling height, fittings that differ from the specification (e.g. budget taps instead of the high-end model agreed). 3. **Cosmetic defects and finishes**: uneven paintwork, chipped tiles, scratched doors, poorly fitted skirting boards, etc. Remember that the developer is bound by an **obligation of result**. If they dispute your reservations, or repairs drag on, it is urgent to call in an independent expert to secure your position before the statutory deadlines expire.

Points of attention specific to the Alpes-Maritimes and Var regions

### Soil and foundation defects In the coastal PACA region, **clay shrink-swell** is a real scourge. The first cracks often appear on interior walls or facades. A missing expansion joint or inadequate reinforcement can be spotted as early as the handover. Also check the **slope of terraces and balconies**. With heavy Mediterranean rainfall (Cevenol-type storms), an inadequate slope causes standing water that degrades waterproofing seals and can seep through the slabs. ### Waterproofing and ventilation (CMV) In new-build blocks in Nice, Antibes or Frejus, the mechanical ventilation system (CMV) is a frequent source of disputes. Test the extraction vents in bathrooms and toilets with a simple tissue. Insufficient airflow causes damp and condensation problems – a nightmare for co-owned buildings. Exterior windows and doors must be checked from every angle: play in the hinges, closing adjustment, presence of weatherstripping, and above all, the **ACOTHERM** certification or glazing performance must match the specification. ### Deadlines and the developer’s obligations after handover After your visit and signing the PV with reservations, the developer has a statutory deadline to clear the reservations. This deadline is generally set out in the sale contract (often between 1 and 3 months). Three situations can then arise: – **The repairs are carried out**: the developer notifies you by registered letter (also called a « formal notice to clear reservations ») and you must inspect the work with your managing agent or your expert present. – **The developer is slow**: don’t hesitate to chase in writing and set precise deadlines. – **The developer refuses to fix certain defects**: you have **10 years** to claim under the ten-year structural warranty (garantie decennale) for structural damage, and **2 years** under the warranty of proper functioning for equipment (boiler, ventilation, roller shutters). In every case, every day counts. If the dispute persists, instructing a lawyer is often necessary, but a prior **amicable expert assessment** can unlock the situation at a lower cost.

How does an independent VEFA expert assessment work?

Calling in an independent expert before handover (during the « pre-handover » visit) is an increasingly common strategy for new-build schemes in the 06 and 83 departments. It allows you to prepare a solid, factual reservations report. | Service | Content | Benefit | | :— | :— | :— | | **Pre-handover visit (2-4 weeks before)** | Full inspection of the property, measurements, photos | Precise list of anomalies to raise in the PV | | **Handover assistance** | On-site presence on the day, negotiation with the developer, drafting the PV with reservations | An airtight PV that protects your warranties | | **Follow-up inspection (repair check)** | Verification of repair work before reservations are cleared | No bad surprises: you close the file with full knowledge | This service typically costs between EUR600 and EUR1,500 excl. VAT for an apartment. A modest investment compared to the potential cost of fixing a defect (e.g. replacing a non-compliant picture window: EUR2,000 to EUR4,000; redoing terrace waterproofing: several thousand euros). This is especially critical for buy-to-let investors purchasing off-plan in Mandelieu, Saint-Raphael or Sophia Antipolis, who cannot afford long rental voids caused by unresolved reservations.

Deadlines you must never miss: the « silence means acceptance » trap

Be wary of the developer’s letter notifying you that the reservations have been cleared. If you do not respond within **30 days** (a common deadline in many local contracts), the reservations are deemed cleared. An unscrupulous developer might simply paint over a structural crack or patch it up quickly to get you to accept the work. Don’t settle for a quick visual check: inspect the joints, test opening mechanisms, slide a sheet of paper under a door to check the seal, switch on every radiator. If in any doubt, postpone clearing the reservations. Your expert can assist you during this final visit.

Your options if nothing moves: taking legal action

If negotiations fail, the Spinetta law protects you. You can bring the matter before the Grasse, Nice or Toulon judicial court. Judges pay particular attention to well-drafted handover reports. A handover report prepared by an independent expert carries considerable evidentiary weight. Conversely, reservations drafted alone and imprecisely can easily be challenged. This is a major risk for buyers in a hurry. Don’t sacrifice the quality of your protection for the sake of speed: a property delivered a week later but backed by a solid expert report is worth more than one delivered on time with a flimsy report.

Conclusion: a successful handover is a well-prepared handover

With VEFA, your only real leverage against the developer is your diligence and the precision of your reservations. Whether you’re in Menton, Sanary-sur-Mer or Draguignan, the rules are the same: never sign under pressure, check everything methodically, and formally record every anomaly. Fixing defects and clearing reservations is often the final battle for your peace of mind. A poorly protected investment today can become a rental liability or a 5 to 10% loss in asset value over the long term.

Take action: secure your VEFA handover

Are you about to take delivery of your new-build property in the Alpes-Maritimes or the Var? Maitre Cassini supports you from the pre-visit through to the clearing of reservations. With over 15 years of building expertise in the south of France, he guarantees an airtight handover report and robust defence of your interests against developers. Don’t leave your biggest investment to chance. For an appointment or personalised advice, contact Maitre Cassini directly on 04 22 46 06 04. You can also visit the dedicated VEFA Expert Assessment page to learn more about services in the 06 and 83 departments. Staying in control of your property is a matter of vigilance – don’t sign blind: get expert support.

Need an expert? Call us on 04 22 46 06 04 – free quote within 48 hours.

Updated on 05/08/2026 – By Cassini Expertise, independent building expert for the 06 & 83 departments. Free quote: 04 22 46 06 04.

Frequently asked questions

What reservations should I raise at VEFA handover?

At VEFA handover, you should note every visible defect, compliance issue and unfinished detail. Prioritise reservations concerning anything that affects structural soundness, waterproofing or safety, as well as essential equipment. Be sure to describe each reservation precisely and record them on the handover report.

How do reservations protect my rights at VEFA handover?

To protect your rights, raise written, detailed reservations at handover before signing the report. These reservations commit the seller to fixing them within a reasonable timeframe, under penalty of sanctions. Keep a copy of the report and photos as evidence, since you then have one year to pursue your reservations.

What is the deadline for clearing VEFA reservations?

The deadline for clearing VEFA reservations is generally one year from handover, unless the contract specifies otherwise. This period covers the defects flagged at handover, but for hidden defects you have two years. Once this deadline passes, you lose the ability to claim repair of unresolved reservations.

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