Buying off-plan with confidence

Buying off-plan means buying a home that does not yet exist: you sign on the basis of plans and a descriptive notice, and pay as construction advances. This mechanism, tightly framed by law, protects the buyer — provided the contract is read carefully and you know how to react when delivery is delayed or the property does not match what was promised.

As an off-plan purchase lawyer in Paris, Maître Léa Scemama assists buyers of new homes, from reviewing the reservation contract through to delivery and, where necessary, litigation with the developer. The aim: that your off-plan purchase remains what it should be — a controlled project, not a gamble.

VEFA: buying a home from plans

The sale in the future state of completion is defined by article 1601-3 of the Civil Code and governed by articles L261-1 et seq. of the Construction and Housing Code. The seller (the developer) immediately transfers to the buyer its rights over the land and the ownership of existing constructions; future works become the buyer's property as they are carried out, while the developer keeps control of the site until completion.

It is the legal framework for almost all new-build programmes. Its strength lies in strict formalism and a series of mandatory guarantees: the buyer cannot waive them, and any less protective clause is deemed unwritten.

The reservation contract and deed of sale

The purchase takes place in two stages. The reservation contract (or preliminary contract) sets out the description of the property, its surface area, provisional price and expected delivery date; it may include a capped deposit. The authenticated deed of sale, later signed before the notary, restates everything and effects the transfer of ownership under the VEFA mechanism.

This is the stage where the most sensitive points are decided: the precision of the descriptive notice, surface tolerances, conditions precedent, the schedule of payments and the terms of delivery. The firm reviews these documents before any signature and flags any unbalanced clauses.

Strictly regulated staged payments

In a VEFA, the price is never paid in advance: it is settled through staged payments in line with progress, within limits set by law. The developer cannot require more than 35% of the price on completion of the foundations, 70% once the building is watertight, and 95% on completion. The remaining 5% is due only on delivery.

This sequencing protects the buyer against paying for works that are not progressing. A payment call made too early or out of proportion to the actual state of the site is irregular and should be challenged without delay.

The guarantees that protect the buyer

The VEFA regime rests on a set of mandatory guarantees:

• The completion guarantee (GFA), mandatory: a guarantor, usually a bank, undertakes to finance completion if the developer defaults. It is the most important protection and its validity must be checked before signing
• The one-year defects-liability guarantee: the developer must remedy all reported defects, whether delivery reservations or issues arising within the year
• The two-year working-order guarantee: it covers items of equipment that can be detached from the structure (shutters, taps, boiler, etc.)
• The ten-year structural guarantee: it covers damage compromising the soundness of the works or making them unfit for their purpose
• The guarantee for apparent defects and non-conformities, noted on taking possession and reported within the legal time limit

Delivery, reservations and escrow

Delivery is a decisive moment. It gives rise to a report on which the buyer records reservations: non-conformities with the notice, defects, faulty finishes. Anything not noted at this stage will be harder to have corrected later — hence the value of being assisted during this step.

Where reservations exist, the buyer may place the remaining 5% of the price in escrow until they are lifted. This retention is an essential lever to obtain the effective remedying of defects by the developer.

Delays and defects: your remedies

Two difficulties recur regularly: delayed delivery and non-conformity of the property. Faced with a delay not justified by a legitimate cause of suspension (weather, strictly framed force majeure), the buyer may claim contractual penalties and compensation for loss — for example rent incurred while waiting for the keys.

Where defects persist, the firm enforces the guarantees, calls on the completion guarantee where needed and represents the buyer before the civil court. This action naturally extends the firm's work on property transactions and property litigation.

Why a VEFA lawyer?

The VEFA contract is drafted by the developer and its notary: it is designed, first and foremost, to protect the seller. Having the documents reviewed by an independent lawyer before signing helps identify unfavourable clauses, check the completion guarantee and gauge the real scope of the commitments made.

Upstream, on the day of delivery and in the event of a dispute, the firm defends a single interest: yours. This independence is the best guarantee that your off-plan purchase keeps its promises.

Frequently asked questions