Reserving a home in a new-build property programme in France, attracts thousands of buyers every year, drawn by reduced notary fees, RE2020 energy performance and builder guarantees. But buying off-plan also means committing to a property that cannot yet be visited in person, which calls for particular vigilance regarding the contractual documents. The descriptive specification, the reservation contract, the stated surface areas and the delivery schedule must all be scrutinised before any signature. This article details, point by point, the essential checks needed to secure a purchase under VEFA (sale in future state of completion) in 2026.
In summary
- The descriptive specification is the reference document: it lists the materials, fittings and finishes promised, and is legally binding on the developer.
- The reservation contract must specify the price, surface area, delivery deadline and conditions for withdrawal before any deposit is paid.
- The legal guarantees (perfect completion, two-year, ten-year) and the financial completion guarantee protect the buyer throughout the construction work.
- The payment calls follow a schedule capped by law, linked to the actual progress of the works.
Understanding the principle of VEFA before committing
What buying off-plan means
Sale in future state of completion allows a home to be purchased before it is built or while construction is under way. The buyer becomes owner of the land and existing structures as soon as the deed of sale is signed, and then progressively of the buildings as they are constructed. This mechanism, governed by the Construction and Housing Code, provides a protective framework but requires picturing a property that is still virtual, which is why the graphic and descriptive documents provided by the developer are so important.
Why careful document review is essential
Unlike buying an existing property, which can be viewed in person, the future owner of a new-build home must rely on the plans, the 3D perspectives and the descriptive specification. Any imprecision or omission in these documents can, upon delivery, result in a gap between what was promised and what is actually delivered. Support from a local property consultant makes it possible to have these documents reviewed before signing and to identify ambiguous clauses.
The descriptive specification: the document to scrutinise
What it must contain
The descriptive specification details the nature and quality of the materials, fittings and services: type of floor covering, joinery, insulation, heating, sanitary fittings, lift, communal areas, outdoor spaces. This document is appended to the reservation contract and then to the final deed of sale: the developer is required to deliver a property that strictly complies with what is described in it. Any service not mentioned cannot be demanded afterwards.
The points often overlooked
It is worth checking for clauses allowing substitution of materials with "equivalent" ones, which give the developer room for interpretation. It is also necessary to check the number and location of electrical sockets, the exact nature of the floor and wall coverings, the specifications of the communal areas (lobby, lift, bicycle storage, shared garden) and the optional equipment billed as an extra. Comparing the descriptive specification with the sales plans makes it possible to spot any inconsistencies before reserving.
The reservation contract: clauses to examine
The mandatory particulars
The preliminary contract, or reservation contract, must state the approximate habitable surface area, the number of main rooms, the location of the home within the building, the nature and quality of the fittings, the estimated price and the conditions for price revision, as well as the estimated delivery deadline. It also sets the amount of the deposit, capped at 5% of the sale price for delivery scheduled within one year, and 2% for delivery scheduled between one and two years. Beyond two years, no deposit may be required.
The withdrawal period and conditions precedent
Once the reservation contract has been signed and received, the purchaser benefits from a ten-day cooling-off period, without having to justify their decision. It is also advisable to check for the presence of a condition precedent relating to loan approval, which protects the buyer in the event of financing refusal. Before signing, comparing several properties via property listings helps validate the pricing positioning of the scheme in question.
Floor areas, plans and layout of the dwelling
Carrez floor area and living area
For new-build properties within a condominium (copropriété), the floor area must be expressed in accordance with the Carrez law, which measures the enclosed and covered floor area, after deduction of walls, partitions, steps and stairwells. A surface area error in excess of 5% to the detriment of the buyer gives rise to an action for a reduction in price. It is useful to have the consistency checked between the area stated on the sales plan and that mentioned in the deed of sale.
Orientation, overlooking and potential nuisances
The plans should make it possible to anticipate the orientation of the rooms, the presence of overlooking from neighbouring buildings, the proximity of roads or noisy facilities, as well as sun exposure according to the seasons. Requesting the site plan (plan de masse) for the entire scheme, and not just that of the reserved unit, provides a better assessment of the future surroundings of the dwelling.
Energy performance: new-build DPE and the RE2020 standard
What RE2020 guarantees
All new-build property schemes must comply with the RE2020 environmental regulation, which imposes stricter requirements in terms of energy efficiency, summer comfort and the carbon footprint of construction materials. A new-build dwelling compliant with this regulation almost systematically obtains an A or B rating on the energy performance diagnostic (DPE), with a trajectory of requirements strengthened in stages.
Checking the quantified commitments
Beyond the overall rating, it is worth requesting the quantified data: bioclimatic need, primary energy consumption, summer comfort indicator. These details, often available in the scheme's technical file, make it possible to anticipate the actual energy costs of the future dwelling and to objectively compare several schemes with one another.
The legal guarantees attached to an off-plan purchase (VEFA)
Guarantee of perfect completion and two-year guarantee
As soon as the works are handed over, the developer is bound by three legal guarantees. The guarantee of perfect completion, lasting one year, requires the developer to promptly repair any defect noted at handover or appearing during the following twelve months, whether this involves visible defective workmanship or non-conformities with the plans and the descriptive specification. The two-year guarantee (garantie biennale) covers the proper functioning of equipment items that are separable from the building structure: shutters, taps, intercom, doors.
Ten-year guarantee and financial completion guarantee
The ten-year guarantee (garantie décennale) holds the builder liable for ten years for defects compromising the structural soundness of the building or rendering it unfit for its intended purpose: water infiltration, significant cracking, subsidence. In addition, the financial completion guarantee (garantie financière d'achèvement, GFA), which is extrinsic and has been mandatory since 1 January 2015, assures the purchaser that the scheme will be completed even in the event of the developer's financial failure during the course of the works.
Delivery schedule and payment calls
A payment schedule regulated by law
Under VEFA, the price is paid as the works progress, according to a schedule of payment calls capped by the regulations: approximately 35% on completion of the foundations, 70% when the building is made watertight, 95% on completion of the building, with the remaining 5% balance paid on delivery, after inspection and any reservations noted. No payment may be demanded unless the corresponding works have actually been carried out.
Anticipating delivery delays
The projected delivery schedule is set out in the reservation contract, but it remains indicative: construction hazards can push back the actual date. It is advisable to check for the existence of a late-delivery penalty clause and to keep a safety margin in one's own schedule, particularly if the resale or vacating of a current home is tied to this deadline. A gradual release of financing, aligned with the fund calls, should also be planned in advance with one's bank.
Conclusion
Buying into a new-build property development remains an operation secured by a solid legal framework, provided each document is carefully examined before committing. The descriptive notice, reservation contract, Carrez surface areas, RE2020 energy performance and statutory guarantees form a coherent whole that must be checked, item by item, against the plans and the developer's commercial commitments. Being accompanied by a professional helps avoid unpleasant surprises at delivery and secures a project that often commits the buyer for several years.
The expert's word
"Buying off-plan remains one of the most legally regulated real estate transactions, but it is precisely because the framework is protective that many buyers let their guard down on the details. Yet it is precisely in the details that everything is decided: a mention of an "equivalent" material in the descriptive notice, a rounded Carrez surface area, a site plan that doesn't show the future neighbouring building, a schedule of fund calls poorly understood in relation to the release of the bank loan. I systematically recommend that our clients read the descriptive notice line by line, compare it point by point with the sales plans, and never sign a reservation contract under pressure from limited stock or a launch offer. The statutory guarantees, the guarantee of perfect completion, the two-year guarantee, the ten-year guarantee, effectively protect the buyer, but they apply after delivery: the real safeguarding work takes place upstream, at the time of reservation. Our advisors support buyers through this technical reading of the documents, liaise directly with developers' sales departments to clear up any grey areas, and ensure that every commitment made verbally is put in black and white in the contractual documents. It is this level of rigour that makes the difference between a smooth delivery and a construction site mired in disputes."
— Frédéric Rémy, Director of Sales Performance at Capifrance
FAQ - Frequently asked questions
What is the difference between the reservation contract and the deed of sale in VEFA (off-plan sale)?
The reservation contract is a preliminary contract that sets out the main characteristics of the property and the projected price, whereas the authentic deed of sale, signed before the notary, formalises the transfer of ownership and definitively incorporates the descriptive notice and the appended plans.
Can the specifications set out in the descriptive notice be changed after reservation?
Buyer modification works (travaux modificatifs acquéreurs, TMA) can be requested from the developer, generally for an additional cost and within a limited window of time before work on the relevant items begins, but any modification must be recorded in writing in an amendment (avenant).
What can be done if there is a discrepancy between the announced surface area and the actual surface area delivered?
If the actual surface area measured under the Carrez law is more than 5% smaller than that stated in the contract, the buyer can request a price reduction proportional to the discrepancy found, within a period of one year after the signing of the authentic deed.
Is the security deposit paid at reservation refundable?
Yes, if the buyer exercises their right of withdrawal within ten days of receiving the contract, or if one of the provided-for conditions precedent (such as obtaining the loan) is not fulfilled, the security deposit must be refunded in full.
How can you check the reliability of a developer before reserving a new-build property?
It is advisable to review references of developments already delivered by the developer, to check the solidity of the completion financial guarantee taken out, and to rely on a local real estate advisor who is familiar with the reputation of the various operators in the sector.
Author
Frédéric Rémy – Director of Sales Performance
A real estate professional with several years of experience within the Capifrance network, I would like to share essential advice with you to help you successfully complete your property project with our advisors.
