Maître Cécile Zakine · Lawyer in Antibes

Complete VEFA Guide (Off-Plan Sale): Recourse, Delivery Delays and Guarantees

The VEFA, governed by Article 1601-3 of the Civil Code and Articles L. 261-3 to L. 261-22 of the Construction and Housing Code, is the legal framework that regulates the purchase of real estate...

What is VEFA (Sale in the future state of completion)?

VEFA, governed by theArticle 1601-3 of the Civil Code and the Articles L. 261-3 to L. 261-22 of the Construction and Housing Code, is the legal framework governing the purchase of real estate before its construction. You buy off-plan and become owner as the work progresses.

This mechanism offers specific protections to the buyer — but they must be known and activated at the right time. Whether you are buying a Paris, Lyon, Marseille or any other city in France, Maître Zakine accompanies you in all stages of your VEFA project.

1. The preliminary reservation contract

Before the notarial deed, you sign a preliminary contract (Article L. 261-15 CCH). This document must mention:

  • The precise description of the property (surface area, number of rooms, floor, amenities)
  • The agreed price and its possible revision terms
  • The estimated delivery date
  • The amount of the deposit (capped at 5% if delivery is more than one year away)
  • Suspensive conditions (loan approval, etc.)

Good to know: You have a 10-day withdrawal period from the signing of the preliminary contract, without penalty and without justification.

2. Mandatory financial guarantees

In the protected sector (Article L. 261-10 of the Construction and Housing Code), the developer must mandatorily provide a financial guarantee before receiving the first call for funds.

The Financial Guarantee of Completion (GFA)

The GFA is the most protective guarantee. Issued by a bank or insurer, it ensures that the building will be completed even if the developer goes bankrupt. The guarantor appoints a new builder to finish the work, at no additional cost to the buyer.

The Financial Guarantee of Refund (GFR)

As an alternative to the GFA, the GFR allows you to obtain reimbursement of sums paid in the event of the developer's default. You get your money back but lose the benefit of the real estate transaction.

In practice: Before signing, always check that the developer has taken out a GFA. Without this guarantee, the contract is void and you can demand full restitution of the sums paid.

3. Staggered calls for funds

Payments are strictly regulated according to the progress of the work:

  • 35 % upon completion of foundations
  • 70 % to the watertight shell stage
  • 95 % upon completion of the works
  • Balance upon delivery

Any non-compliant call for funds can be contested. Maître Zakine can assist you in verifying the conformity of calls for funds and intervene in case of irregularity.

4. Delivery delay: what are your rights?

The delivery delay is one of the most frequent disputes in VEFA. Here are the possible remedies:

Delay penalties

Most contracts provide for penalties (generally 1/1000th or 1/2000th of the price per day of delay). They are automatically due from the delivery date passed, without prior formal notice.

Formal notice to the developer

If the delay persists, send a registered letter with acknowledgment of receipt to the developer giving him a deadline (30 to 60 days) to complete the work. This step is mandatory before any legal action.

Judicial remedies

  • Forced execution : the judge orders the developer to complete under penalty
  • Termination of the contract : cancellation of the sale with restitution of sums and damages
  • Damages and interest : for your loss (additional rent, relocation costs, moral damages)

5. What to do if the developer goes bankrupt?

Developer failure is a critical situation, but the legal framework protects you:

  • With a GFA : the financial guarantor takes over and completes the program
  • With a GFR : you obtain reimbursement of sums paid
  • Without guarantee (illegal in the protected area): hold the notary and developer liable

6. Defects and faults after delivery

Perfect completion guarantee (1 year)

Covers all defects reported within one year of delivery (Article L. 261-21-1 of the French Construction and Housing Code). The developer must repair them without delay.

Two-year warranty (2 years)

Covers dissociable equipment items (boiler, faucets, rolling shutters, etc.).

Decennial guarantee (10 years)

Covers damages compromising the structural integrity of the building or rendering it unfit for its intended use (Articles 1792 et seq. of the Civil Code).

7. Hidden defects and non-conformity

Even after the legal guarantees, you can act on the basis of the hidden defects (Article 1641 of the Civil Code) within two years from the discovery of the defect, or on the basis of the contractual liability of the developer for non-compliance.

Frequently asked questions about VEFA

Can I resell my property before delivery?

Yes, this is a "resale in future state." You transfer your rights to the new buyer. Beware of the developer's approval clauses and taxable capital gains.

Can the developer change the price?

The price is firm and final (Article L. 261-11-1 CCH). Only limited variations in charges may lead to contractual adjustments.

What to do if the delivered surface area is less than the contract?

If the surface area is more than 5% smaller, you are entitled to a proportional price reduction (Article L. 261-21-2 of the Construction and Housing Code).

How to finance my VEFA?

A standard mortgage covers the drawdowns as they occur. The preliminary contract must include a condition precedent for obtaining the loan (Article L. 313-41 of the Consumer Code).

Do you have a VEFA dispute?

Maître Cécile Zakine, real estate lawyer, receives you for consultation.

Book an appointment — 1st consultation €45

To go further

📅 Mis à jour le 14/08/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.

Consultation

Book an Appointment
1st consultation = 30 min €45

No commitment, by video or phone

45 € — Right now

Gatien Llabres
Gatien Llabres
1784725791
Maître Zakine a traité mon dossier avec une grande réactivité et une vraie pugnacité — et ça a payé. Elle a pris le temps de bien m'expliquer les différentes options à chaque étape, ce qui m'a permis de décider sereinement. Disponible et directe, je recommande sans hésiter
Kayna Key
Kayna Key
1784585160
J’ai eu une consultation d’une heure en visioconférence avec Maître Cécile Zakine, qui m’a donné tous les conseils dont j’avais besoin et qui a été très honnête et claire dans son analyse pour savoir si je devais aller plus loin ou non. Je la recommande pour son sérieux.
Fabien Liegeois
Fabien Liegeois
1775223419
Excellent solicitor whom I highly recommend. She resolved a very complex matter for me involving a co-ownership association and its managing agent, with a clear strategy. After consulting with numerous solicitors without result, she was the only one who truly took the time to analyse the situation in depth and build a genuine strategy. Responsive, rigorous and very committed, you can trust her implicitly. Thank you Maître Zakine.
Ghazal Jaber
Ghazal Jaber
1774978602
I recommend Master Cécile ZAKINE for any real estate law matter. She accompanied me in a dispute against my property developer with professionalism. Throughout the proceedings, she provided me with detailed explanations at each stage, allowing me to fully understand the progress of my case. Her responsiveness was much appreciated, responding quickly to my questions, which was very reassuring during this stressful period. I also appreciated her regular follow-up with appropriate updates without having to constantly request them.
Ghyslaine Pansier
Ghyslaine Pansier
1770046018
Thank you Master for these clear explanations. Your analysis and your professionalism. I strongly recommend
Aurelie Munier
Aurelie Munier
1760349475
I asked Master Zakine to support me with questions in real estate law. I was particularly satisfied with her responsiveness and her advice. I highly recommend her!
Corinne Khoury
Corinne Khoury
1758133841
One can only underline the seriousness and professionalism with which she carries out her mission, Master Zakine Cecile demonstrates great legal rigour, a fine analytical capacity and a strategic sense that inspires confidence. Always attentive, she knows how to translate sometimes complex situations into clear and effective solutions; her commitment, her availability and her tenacity demonstrate that she does not merely defend: she truly supports; her work combines competence, humanity and determination, all qualities that make the difference and deserve to be recognised.
F Durietz
F Durietz
1758051447
The best for managing real estate law!!!! Thank you so much for curing my financial cancer faced with corrupt banks! My life is becoming normal again thanks to you
Franklin
Franklin
1758051020
Master Zakine is the only lawyer to have won in civil court in the Apollonia case. This case involving more than a thousand victims, more than a thousand ongoing proceedings!!!! This lawyer listened to me with such empathy, professionalism, expertise!! Throughout the proceedings, Master Zakine thwarted all obstacles in our path and was able to plead my case with such sincerity! All aspects of my case were mastered by this lawyer. No hesitation, she is the lawyer you need in real estate law!
Jo Jo
Jo Jo
1748935089
Hello new client and very good she provides telephone appointments given Master's availability unlike some who tell you they'll call back and don't 😉
Giovanni DIMA
Giovanni DIMA
1748095724
SEVERINE BOURGEOIS
SEVERINE BOURGEOIS
1741372514
Very good meeting with Me Zakine. Thank you very much for your advice which we will apply. Your explanations were very clear. Very pleasant person. I recommend
Benj Benj
Benj Benj
1741110893
I strongly recommend Master Zakine who was able to provide me with her expertise and clear advice regarding the resolution of my dispute. She demonstrated professionalism and rigour, promptness in her analysis of the situation, as well as a great capacity for listening and empathy.
SERVE STE
SERVE STE
1737050792
Cristiana Luciani
Cristiana Luciani
1734475847
Consulted for advice on VEFA. Maitre Zakine was a valuable source of information for me. She was also very responsive and available in our discussions.
Laurent Paule
Laurent Paule
1726989674
I made an appointment with Maître Zakine for a 1-hour consultation in his office. I needed clarification regarding a dispute with my trustee. Punctual and courteous, Maître Zakine took my problem into consideration and proved to be very professional, giving me excellent advice. I initially thought that we would have covered the issue in half an hour; but the hour ultimately passed quickly. To be recommended without reservation.
Bastien TOURBEAUX
Bastien TOURBEAUX
1725364856
Maître Zakine is very professional. I recommend this person to help you with your legal appeals.
paolo costa
paolo costa
1719309338
Efficient service, fast and concrete communication. Serious, kind and helpful professional. Very positive experience!!
×
js_loader