EXPERTISE — VEFA
You’ve just received the keys to your new apartment in Nice. The off-plan (VEFA) drawing promised a 12 m² bedroom. You measure it: 10.8 m². That’s 1.2 m² missing — a 10% shortfall. The developer tells you: « That’s within tolerance. » Is that true? It’s not that simple.
What you see — and what it’s really hiding
On the drawing, the bedroom is a perfect 3.00 m × 4.00 m rectangle. In reality, a fire-rated wall runs through it, cutting the width down to 2.70 m. To the naked eye, you won’t notice the difference. But with a laser measure, the gap becomes obvious. What I see time and again at handovers in Nice: developers play with partition thicknesses, service ducts, or facade setbacks that were never shown on the drawing. The VEFA plan is a contractual document, but it isn’t always faithful to what’s actually built.
It’s not uncommon to measure a living room advertised at 25 m² and find it’s actually 23.1 m². The developer invokes the 5% tolerance under the NF EN ISO 5455 standard. But that standard covers drawing tolerances, not delivered floor areas. French building law (CCH art. L261-1) requires the delivered property to match the plan. The 5% margin is a case-law rule, not a statute — and a 10% shortfall is simply too much.
The numbers that change everything
Take a typical case in Nice: a bedroom advertised at 12 m². Actual measured area: 10.8 m². Shortfall = 1.2 m², or 10%. The NF EN ISO 5455 standard, section 4.2, sets a ±2% tolerance for linear dimensions on 1/50 scale drawings. But it doesn’t apply to floor areas. Case law under CCH art. L261-1 allows a maximum 5% area discrepancy for new-build homes. Beyond that, the developer must compensate the buyer or bring the unit into compliance.
In practice: your 10.8 m² bedroom instead of 12 m² is a 10% shortfall — twice the tolerance. That means you can demand a proportional price reduction or remedial work. In Nice, the market is tight: the average price per m² is around €6,000. 1.2 m² × €6,000 = €7,200 in lost value. Developers know this and often prefer to negotiate.
What happens if you do nothing
Six months after handover, you want to sell. The notary measures the unit: 10.8 m². The price drops by €7,200. Worse: if the shortfall exceeds 5%, the next buyer could sue you for hidden defects. You lose twice over.
Two years in, hairline cracks appear near the unplanned fire-rated wall. The misplaced service duct weakens sound insulation. Neighbours start complaining. Repairs cost €3,000 to €5,000. Without recourse, it’s all on you.
Remedies and guarantees: what you can demand
You’re protected by the conformity guarantee under CCH art. L261-1: the developer must deliver a property that matches the plan. Send a registered letter with acknowledgment of receipt within 30 days of handover, listing every discrepancy. Have an independent expert (such as myself) record the findings with laser distance measurements and a written report. If the developer refuses to act, take the case to the Nice judicial court. Local case law is clear: beyond 5%, non-conformity is established. You’ll be entitled to compensation or remedial work. Don’t let 1.2 m² slide — in Nice, every square metre counts.
📅 Updated 24/08/2026 — By Cassini Expertise, independent building expert covering the 06 & 83 départements. Free quote: Call 04 22 46 06 04.
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Frequently asked questions
What is an off-plan (VEFA) drawing in Nice?
An off-plan (VEFA — Vente en l’État Futur d’Achèvement) drawing in Nice is a contractual document detailing the technical specifications and finishes of the property before handover. It lets you check that the completed work matches the developer’s commitments.
How do you spot hidden non-conformities at a VEFA handover?
To spot hidden non-conformities, compare the off-plan drawing against the delivered unit, checking dimensions, materials, fixtures, and finishes. It’s advisable to bring in an independent expert for a thorough inspection, especially of hard-to-access areas.
What recourse do I have for VEFA non-conformity in Nice?
If you find a non-conformity, notify the developer by registered letter with acknowledgment of receipt, requesting that the unit be brought into compliance. If no agreement is reached, you can take the case to the Nice judicial court within 5 years of handover for apparent defects, or 10 years for hidden defects.
Cassini Expertise
Expert du bâtiment indépendant — Antibes (06·83·13·40)
📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).