Delivery of a house sold in the future state of completion (Vefa) 

Verified 25 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Delivery is the stage where you visit your house or apartment and receive the keys. It is at this time that you can see its conformity with your final sales contract, and make any reservations in case of malfunctions. The delivery should not be confused with the reception of the works that occurs upstream between the developer and the people who are responsible for building your home.

The delivery of the dwelling corresponds to the moment when the promoter (the seller) gives you the keys of your dwelling (house or apartment).

The delivery should not be confused with the reception of the works that occurs upstream between the developer and the people who are responsible for building your home.

It's also a good idea to ask the proponent for a copy of the work receipt report to see what reservations your seller may have made and to know the exact date of receipt of the work.

Warning  

The exact date of receipt of the work determines the starting point of the different manufacturer's guarantees which you can implement in case of faults.

Delivery is made when the accommodation is completed.

To be considered complete, the dwelling must be supplied with water, gas and electricity. The building must be equipped with accessible stairs, an elevator in operation. It must have lighting in the common areas.

Minor imperfections (e.g. dirt in paints) do not prevent the use of works and equipment. They therefore do not impede delivery. You can mention them on reserve.

Warning  

The work that you have decided to take over is not taken into account in determining completion.

This work is listed below:

  • The installation of the sanitary facilities in the kitchen and, where appropriate, the furniture that can accommodate them
  • The installation of the bathroom or shower facilities and, where appropriate, the furniture suitable for them
  • Installation of toilet facilities
  • The installation of wall tiles
  • Flooring excluding insulation
  • Electrical convectors, where the characteristics of the electrical installation so permit and in compliance with the required power
  • The decoration of the walls.

This work is mentioned in your Vefa contract.

FYI  

You will be summoned for the delivery of your accommodation by registered letter with notice of receipt.

During delivery, you must check that the accommodation is in compliance with the final sales contract. You may need the assistance of a construction professional (for example, an architect) or a Commissioner of Justice to see the conformity of the housing. A delivery report shall be drawn up in the presence of the promoter and drawn up on free paper.

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Dwelling in conformity with the contract of sale

If you see no defects or defects in conformity, you must pay the balance of the sale price corresponding to 5% upon delivery.

Presence of non-conformities and defects

If you find defects or defects in conformity (for example, missing heating), you must mention them by making reservations in a delivery report. The remaining finishing work should also be mentioned in this document.

You can post the sales price balance for 5% at the Caisse des Dépôts et Consignations or at the notary's office. It is given to the seller when the reservations are lifted.

Who shall I contact

You still have 1 month to make an inventory and list the defects that were not mentioned in the delivery report. This status must be sent to the proponent by registered letter with notice of receipt.

The defects encountered will then have to be repaired within 1 year. If they are not, you can try a mediation by meeting a conciliator of justice or a mediator. If the mediation fails, you can apply to the court (before the expiry of the 1-year period) for a reduction in the price or cancelation of the contract of sale.

Delays in delivery can have significant consequences. Beyond the expected delivery time, you may be forced to pay additional rents, furniture storage or hotel fees or incur a loss of rent if this purchase is a rental investment.

You can claim compensation from the seller even if the amount is not stated in the VEFA contract. However, in case of exceptional events such as bad weather of an unexpected magnitude (heavy snowfall, extreme wind, heavy rain, flooding...), you cannot demand compensation.

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