Buying off-plan in France (VEFA): payments and guarantees

The stages of an off-plan purchase

Service-public.gouv.fr (page verified on 18 September 2026) describes five stages:

1. Prior information: the developer must disclose anything that may influence the decision (features of the home, state of the project, risks, energy performance).
2. Contrat de réservation (reservation contract), optional but “strongly recommended”.
3. Notification of the draft deed at least 1 month before signing.
4. Final deed of sale at the notaire’s (notary’s) office.
5. Handover: handing over the keys and any réserves (snagging reservations).

The reservation contract (ANIL, national housing information agency). The seller may ask for a deposit paid into a special account in the buyer’s name, limited to 5% of the price if the sale is to be signed within one year, and 2% if it is to be signed within one to two years. The buyer has a cooling-off period of ten days from the day after the first presentation of the recorded-delivery letter; if they withdraw, the deposit is refunded in full. After this period, it is only recovered in the cases provided for by law, for example a final price at least 5% higher than the estimated price; it is then refunded within three months.

Staged payments, capped by law

The buyer becomes the owner progressively: of the land and what has been built at signing, then of the rest as the work proceeds. They pay accordingly. Article R261-14 of the CCH sets cumulative caps:

The same article adds that, if the sale is concluded subject to a condition suspensive (condition precedent), no payment may be made before it is fulfilled, and that late-payment penalties charged to the buyer may not exceed 1% per month.

The 5% balance can be placed in escrow if defects of conformity or poor workmanship are recorded as reservations at handover. Failing agreement on where, it is deposited with the Caisse des dépôts et consignations (state deposit fund) (service-public.gouv.fr). Calls for funds must match the actual progress of the work.

The buyer’s guarantees

Before handover: the garantie de bonne fin (completion security). The developer must provide either a garantie d’achèvement (completion guarantee), which funds the completion of the work if they cannot finish it, or a garantie de remboursement (refund guarantee) of the sums paid if the sale is cancelled because the work is not completed. It is issued by a bank, a financial institution, an insurer or a mutual guarantee company, and ends on completion (service-public.gouv.fr).

At handover. The buyer has one month from handover to report, by recorded-delivery letter, any visible defects and non-conformities not noted on the day the keys were handed over (ANIL).

After acceptance of the works, three guarantees follow one another (ANIL):

• parfait achèvement (completion warranty), 1 year: all defects reported at acceptance or during the year;
• bon fonctionnement (equipment warranty), 2 years: removable equipment (shutters, taps, etc.);
• décennale (ten-year warranty), 10 years: damage that undermines the structure or makes the home unfit for its purpose. It passes to subsequent buyers.

To benefit from them, you must bring proceedings before the tribunal judiciaire (civil court) before these periods expire. The assurance dommages-ouvrage (building defects insurance) takes effect when the completion warranty expires and guarantees payment for repairs of defects covered by the ten-year warranty.

Reduced notary’s fees: the exact rate

For new builds, the sale is subject to VAT (20% in most cases, 5.5% subject to conditions in an ANRU (urban renewal) zone or a quartier prioritaire de la politique de la ville (priority urban regeneration area)), and transfer duties are reduced (impots.gouv.fr). Article 1594 F quinquies, A of the CGI (code général des impôts, General Tax Code) makes transfers of new buildings subject to VAT liable to land registration tax at the rate of 0.70%. On top of this come:

• assessment and collection fees: 2.14% of the amount of this tax, giving an overall published rate of 0.71%;
• the contribution de sécurité immobilière (land registry fee): 0.1% of the price, never less than €15.

Compare this with the standard rate for existing property, whose maximum overall rate is 6.32% from 1 April 2025 to 31 March 2028 (impots.gouv.fr). The notary’s regulated fee and disbursements remain payable in both cases.

Which professional to consult

The notaire reviews the draft deed received one month before signing, checks the completion guarantee and calculates the reduced fees. The courtier en crédit (mortgage broker) arranges a loan whose drawdowns follow the calls for funds. At handover, a diagnostiqueur (property surveyor) or a géomètre-expert (chartered surveyor) can check the floor area delivered against the plans.