Reservation agreement for a house for sale in the future state of completion (Vefa)

Verified 20 December 2023 - Legal and Administrative Information Directorate (Prime Minister)

In the context of the sale of an apartment or a house in, you acquire a dwelling to be built or under construction. Before signing the definitive act of sale, are the promoter and the buyer obliged to sign a contract for the reservation of the accommodation? We are taking stock of the regulations.

Before the signature of final sales contract of a dwelling in, the proposed acquirer (the reserving) can sign a booking agreement with the seller (the reserving, the promoter).

The booking contract, also called preliminary contract is not mandatory. It is, however recommended because it determines the terms of sale and housing delivery.

The seller agrees to reserve a new home for the buyer if the construction program is carried out. In return, the buyer pays a security deposit (sum representing a certain percentage of the total price). It is calculated according to the expected delivery time.

Seller and Buyer Information

The reservation contract must specify the seller and buyer contact information (e.g. last name, first name, address).

The seller must provide the buyer with a financial guarantee for reimbursement (GFR) or a financial guarantee for completion of works (GFA). The GFR or GFA can be implemented by the buyer in case of financial failure of the seller. A default occurs when the vendor does not have the money to complete the building.

Information on accommodation

The reservation contract must contain the following information:

  • Address of the accommodation
  • Living space of the dwelling, number of main rooms and enumeration of service rooms, outbuildings and clearances
  • Description of the materials used
  • Description of the communal facilities available
  • Location of the dwelling in the building or subdivision

It is recommended that you give the buyer a state of risks and pollution (ERP)


One air noise pollution condition must be annexed to the contract for the reservation of property situated in one of the noise zones defined by a noise exposure plan.

Sales Information

The reservation contract must contain the following information:

  • Estimated sale price of the dwelling and revision conditions
  • Date on which the final sales contract can be concluded
  • Method of payment of the property (with or without loan)
  • Amount of loan(s), conditions and name of lender
  • Suspensive condition to obtain a loan (if the price has to be paid with the aid of a loan)
  • Amount of security deposit
  • Conditions for the recovery of the security deposit (sum representing a certain percentage of the total price) in case of renunciation of the purchase
  • Delivery time
  • Information on the operating conditions of the buyer's right of withdrawal (right to reconsider). Failure to comply with this obligation to provide information shall be punishable by a fine of up to €15,000 for the seller)
  • Possible penalties for late delivery of accommodation

The contract shall also indicate the work that the buyer may decide to do himself after delivery of the goods. It is responsible for the costs and the responsibility.

The list of such works is as follows:

  • Installation of sanitary equipment in the kitchen and furniture that can accommodate them
  • Installation of bathroom or shower facilities and furniture suitable for them
  • Installation of toilet facilities
  • Wall tile installation
  • Flooring excluding insulation
  • Electrical radiator equipment, when the characteristics of the electrical installation so permit and in compliance with the required power
  • Decoration of the walls

The booking contract is a privately signed document between seller and buyer.

It can also be signed with a notary. It will check the seller's property rights and collect the necessary pieces to write the future sales contract.

Who shall I contact

The notary's fee will be settled when the definitive act of sale is signed.

The booking contract must be sent by letter RAR: titleContent or hand delivered to the buyer before any money is deposited.

The purchaser may renege on his commitment to purchase the dwelling within 10 calendar days.

This period shall begin on the day following the firstre presentation of the letter RAR: titleContent notifier the contract to the purchaser or of his personal delivery.

If the last day of the withdrawal period is a Saturday, a Sunday, a public holiday or unemployed person, the time limit shall be extended to 1er working day next.

The retraction must be notified to the seller by letter RAR: titleContent.

A letter template is available.

Terminate the booking contract for an apartment sold on plan

To book the accommodation, the seller can ask the buyer to pay a security deposit (a sum representing a certain percentage of the total price). It is paid on a special bank account opened in the name of the buyer or at a notary's.

The amount of the security deposit shall be limited to:

  • 5% of the selling price if the deed of sale is signed within less than 1 year
  • 2% if the act is signed within 1 to 2 years

No security deposit can be claimed, if the bill of sale is signed after 2 years.

The security deposit is returned to the buyer without restraint or penalty, in a three-month period, in the following situations:

  • Loan rejected by the bank (suspensive condition of unrealized loan)
  • Contract not concluded by the seller within the period provided for in the preliminary contract
  • Higher selling price than 5% at the revised estimated price
  • Abnormal difference between sales contract and preliminary contract forecast

The buyer notify his request for reimbursement by letter RAR: titleContent the seller and the depositary of the security deposit.