My Developer Cleared My VEFA Snag List in Nice — But the Defects Are Still There

EXPERT REPORT — SNAG LIST

You’ve received a letter from the developer: « The snags have been cleared. » Except the crack in the façade is still there, the balcony door still doesn’t close properly, and the bathroom tiles still sound hollow underfoot. Simple truth: nothing has changed since handover. Out of 100 off-plan (VEFA) files I’ve handled across the Côte d’Azur, the vast majority of « cleared » snag lists hide uncorrected defects. In Nice, it’s the same story: developers under pressure from late-delivery penalties sign off the clearance without checking anything.

What You See — And What It Really Hides

You look at the wall: the crack is still there, thin but clearly visible. The developer tells you it’s cosmetic and doesn’t warrant a snag entry. But you feel a draught when the wind picks up. What nobody tells you: an untreated crack in a new building in Nice is often a sign of an air-tightness defect or structural movement linked to shrink-swell clay soil. It’s not uncommon to measure a 0.8 mm crack running straight through a load-bearing wall. The developer had written « snags cleared » three months earlier. Result: rainwater infiltration, mould in the bedroom, and a €4,500 bill to redo the expansion joint.

The Numbers That Change Everything: Proof Through Measurement

To challenge a snag clearance, you need figures. I use my Leica TS16 total station and my Leica D810 laser distance meter. For the crack: a crack gauge to measure the opening. In Nice, differential shrinkage from swelling clay soils can reach 5 mm of annual movement. If the crack measures 0.8 mm today, it could reach 2 mm within six months. The DTU 20.1 standard tolerates 0.2 mm for shrinkage cracks, but beyond that, it becomes a defect covered by Article 1792-6 of the French Civil Code. For the hollow-sounding tiles: I measure the flatness deviation with an electronic level. If the gap exceeds 2 mm under a 2 m straightedge, it’s non-compliant. For the balcony door: I measure the seal gap. With an infrared thermometer, I detect a thermal bridge if the surface temperature is 3°C lower than ambient. In practice, these measurements produce real figures: crack at 0.8 mm (out of tolerance), tiling off by 3 mm (non-compliant), door with a 5 mm gap (air infiltration). The developer can’t argue with hard numbers.

What Happens If You Do Nothing

Six months after the clearance, the crack widens. Rainwater seeps in, the tiles come loose, the balcony door creaks and lets draughts through. Within two years, you’ll have mould behind the wardrobe, a crumbling wall, and a repair bill of at least €8,000. In Nice, with Mediterranean humidity and prevailing winds, the damage accelerates faster. It’s not unusual to see a flat where an uncleared snag caused widespread water damage: €15,000 in repairs, not counting the drop in rental value.

Remedies and Guarantees: What You’re Entitled to Demand

Article 1792-6 (paragraph 3) of the French Civil Code states that handover is the act by which the property owner accepts the work, with or without reservations (snags). If the snags haven’t actually been cleared, you can refuse to sign the clearance report. Send the developer a registered letter with acknowledgement of receipt, listing the uncorrected defects and requesting a counter-expert assessment. You can also apply to the Nice judicial court for an emergency (référé) ruling to obtain a court-appointed expert survey. The judge will appoint an expert to measure the deviations. If the defects are confirmed, the developer will be ordered to fix them, under penalty for delay. Don’t let the deadline pass: your one-year « parfait achèvement » warranty (full completion guarantee) runs from the date of handover. Once that year is up, you lose your rights.

📅 Updated 30 August 2026 — By Cassini Expertise, independent building surveyor covering the Alpes-Maritimes (06) & Var (83). Free quote: 04 22 46 06 04.

Frequently Asked Questions

What should I do if the developer clears my VEFA snag list but the defects are still there?

You need to formally challenge the clearance by registered letter with acknowledgement of receipt, attaching evidence (photos, survey reports). If the developer refuses to act, apply to the emergency judge (référé) for a court-appointed expert survey and to have the outstanding balance placed in escrow until the work is properly completed.

What’s the deadline to act after a VEFA snag clearance is issued?

The limitation period for construction defects is 10 years from handover, but for wrongly cleared snags, you need to act quickly. In practice, send a formal notice within 90 days of the disputed clearance, then start legal proceedings within 5 years (the standard limitation period).

Can a developer clear snags without actually having fixed them?

No — a snag clearance is only valid if the work has genuinely been carried out. If you find the defects are still there, you can refuse to sign the clearance and demand the work be completed. In cases of an abusive unilateral clearance, challenge it in court to seek damages and a court order compelling the work.

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