Off-plan delivery delays in France: penalties and remedies

The delivery deadline, a compulsory particular

Article L261-11 of the code de la construction et de l’habitation (CCH, Construction and Housing Code, version in force since 25 November 2018) requires the VEFA contract, concluded by acte authentique (deed executed before a notary), to specify in particular the delivery deadline. Service-public.gouv.fr (sheet F2961, checked on 18 September 2026) also lists any late-delivery penalties among the clauses of the deed.

A point of caution raised by ANIL: the delivery deadline is often expressed loosely, and “legitimate grounds for suspending the deadline are very generally provided for in [the] contract of sale: bad weather, general strike…”. Read this clause in the draft deed, which you receive before signing.

Compare with a detached house. Under a contrat de construction de maison individuelle (CCMI, house building contract), late-delivery penalties are compulsory and cannot be less than 1/3,000 of the agreed price per day of delay (CCH, art. R231-14). No equivalent rule appears in the sources read for the VEFA: sheet F2956 refers to the penalties “provided for” in the contract. See our guide CCMI (house building contract).

Legitimate grounds for postponement

Sheet F2956 cites, as grounds commonly stipulated in the “clauses de retard légitime” (legitimate delay clauses):

• bad weather: “days of frost, snow, heavy rain or strong wind making the site dangerous or technically impossible”;
• strikes;
• a contractor’s bankruptcy;
• force majeure.

Force majeure has a legal definition. It is “an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures”, which prevents performance (code civil, the Civil Code, art. 1218).

The postponement only applies within the limits of the clause: a delay that exceeds the justified days is still a delay.

Your remedies for an unjustified delay

The Civil Code (art. 1217, version in force since 1 October 2018) offers five responses to non-performance of a contract: refusing to perform or suspending your own obligation, seeking enforced performance, obtaining a price reduction, bringing about rescission of the contract, claiming compensation. Service-public.gouv.fr (sheet F2956) applies them to the VEFA:

1. Refusing to pay the balance (exception d’inexécution, defence of non-performance). You can “refuse to pay the balance of the price as long as the seller has not performed its obligation”. A warning: if the contract contains a clause résolutoire (termination clause), the seller can serve you with a commandement de payer (formal demand for payment), and you then have one month to settle or apply to the court.

2. Claiming the penalties. “If delivery is late in relation to the contractual date, the seller must, in principle, pay the late-delivery penalties provided for”. They require a clause pénale (penalty clause) in the contract and an unjustified delay.

3. Applying for rescission. You can “apply for rescission of the sale, that is, cancellation of the contract, where the delay is sufficiently serious”, by agreement or by court decision.

4. Claiming damages, “independently or in addition”. The sheet cites: rehousing costs, loss of the chance to receive rent, furniture storage costs, intérêts intercalaires (interim interest) on the mortgage, unnecessary insurance premiums, as well as non-financial loss (préjudice moral).

The competent court depends on the amount: the tribunal de proximité (local court) up to €10,000, the tribunal judiciaire (civil court) above that (sheet F2956).

If the developer never finishes

A delay can be a sign of failure. In that case, the garantie financière d’achèvement (financial completion guarantee) pays for the end of the works, or the refund guarantee returns the sums paid if the sale is cancelled (service-public.gouv.fr, sheet F39743). The seller must have taken it out before signing (CCH, art. L261-10-1). See our guide garantie financière d’achèvement (completion guarantee).

And if the buyer pays late?

Calls for funds are capped (35% at foundations, 70% when the building is weathertight, 95% on completion). If the contract provides for a penalty for late payment, its rate “may not exceed 1% per month” (CCH, art. R261-14, version in force since 1 September 2019).

Which professional to consult

The notaire (notary) who executed the deed can tell you the exact deadline clause, grounds for postponement and penalty clause. If the delay forces you to extend a bridging loan or bear interim interest, the courtier en crédit (mortgage broker) works out the extra cost, which is useful for your damages claim. At handover, see our guide livraison en VEFA et réserves (off-plan handover and snagging).