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.
To go further
- 6 raisons de faire appel à un avocat expert en VEFA
- VEFA lawyer Paris
- VEFA lawyer Lyon
- VEFA lawyer Lille
- Lawyer VEFA Bordeaux
📚 Additional resources on VEFA
Consult our detailed articles to deepen each aspect of VEFA:
📅 Mis à jour le 14/08/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.
