Off-plan handover in France: snag list and the 5%

What handover means in law

Service-public.gouv.fr (sheet F2956, checked on 18 September 2026) defines handover as the buyer taking possession of the home, marked by the handing over of the keys and the signing of an état contradictoire (joint inspection report) between the developer and the buyer, which may contain snags.

The home must be complete. Under article R261-1 of the Code de la construction et de l’habitation (CCH, version in force since 1 September 2019), it is complete when “the works have been carried out and the items of equipment essential to its use have been installed”. Non-conformities that are not substantial and workmanship defects that do not make the works unfit for use do not prevent completion. They are not wiped out for all that: recording completion implies neither acceptance of conformity nor a waiver of your rights.

In practice, sheet F2956 cites water, gas, electricity and heating, as well as accessible common areas, with lifts and lighting in working order. “Minor imperfections” that do not prevent you from living there do not stop the handover.

Key handover day: the method

ANIL recommends that you:

• inspect the home carefully;
• check that the works conform to the plans and the contract;
• test all the equipment;
• “have a report drawn up in which any snags are recorded precisely”;
• keep a dated and signed copy.

Writing a useful snag. A precise snag states the room, the item concerned and the defect observed. For the formal acceptance of works, service-public.gouv.fr warns that a visible defect not reported can no longer be claimed from the builder under the guarantees; only non-visible defects remain covered, depending on their nature (sheet F2958). Hence the value of being thorough.

The one-month window for missed visible defects

This is the least-known rule of VEFA (vente en l’état futur d’achèvement, off-plan sale). ANIL puts it this way: “The buyer has one month from handover to notify the seller, by registered letter with acknowledgement of receipt, of visible defects and non-conformities not mentioned at handover.”

This window lets you add to the report after a few weeks of living there: a window that does not close properly, a missing socket, a colour that differs from the specification. It is not a deadline for going to court but for notifying the seller.

The deadline for legal action. According to sheet F2956, action against the seller for visible defects “must be brought before the period expires (depending on the later event): either 1 year from formal acceptance, or 13 months from taking possession”. Where handover takes place after the formal acceptance of the works, the buyer has “one year from the end of the month following taking possession”. ANIL points out that you must go to court before this period expires if the repairs have not been made.

Holding the 5% balance in escrow

In a VEFA, calls for funds are capped at 95% of the price on completion of the building. The balance is payable when the premises are made available to the buyer; however, “it may be held in escrow if conformity with the terms of the contract is disputed” (CCH, art. R261-14, version in force since 1 September 2019).

In practice (service-public.gouv.fr, sheet F2956):

• you do not pay the balance to the developer but deposit it with a third party, for example a notaire (notary) or the Caisse des dépôts et consignations (state deposit fund);
• “the developer (seller) cannot refuse to hand over the home on the grounds that the balance is held in escrow”;
• service-public.gouv.fr links to an online procedure for depositing the balance with the Caisse des dépôts et consignations (R65949).

ANIL specifies that the sum is then paid to the seller once the snags are cleared.

After handover: the guarantees that take over

Defects that appear after handover fall under the statutory guarantees, which run from the formal acceptance of the works (service-public.gouv.fr, sheet F2958, checked on 25 September 2026):

Sheet F2958 expressly lists the vendeur d’immeuble à construire (seller of a building to be constructed) among those liable.

Which professional to consult

A diagnostiqueur (property surveyor) or a géomètre-expert (chartered surveyor) can accompany you at handover to check floor areas and spot defects to record as snags. The notaire (notary) can receive the balance held in escrow. On completion guarantees before handover, see our guide garantie financière d’achèvement (financial completion guarantee); on delays, retard de livraison en VEFA (late handover of an off-plan home).