Off-plan purchase lawyer Paris: delays, snags and stage payments.

A sale of a building to be constructed is one in which the seller undertakes to build a building within a period set by the contract (Article 1601-1 of the Civil Code). The off-plan sale (VEFA), governed by Article 1601-3 of the Civil Code and Articles L. 261-1 et seq. of the Construction and Housing Code, brings about an immediate transfer of ownership: the buyer becomes owner of the land on signature of the notarial deed, then of the buildings as they are built.

This unusual mechanism calls for particular vigilance from the reservation contract onwards: the developer, the financial guarantor, the contractual delivery date, the clauses suspending the period and the terms of the stage payments should all be analysed before signing.

Article L. 261-11 of the Construction and Housing Code requires several mandatory particulars: a detailed description of the building, the price and payment terms, the delivery period, and a financial completion or refund guarantee. The descriptive notice and the plans annexed to the contract have contractual value.

The absence or imprecision of any of these particulars weakens the contract and may open the way to a partial challenge.

The non-professional buyer has enhanced protection: Article L. 271-1 of the Construction and Housing Code gives a ten-day withdrawal period after notification of the deed. During that period, the buyer may withdraw freely, without giving reasons and without penalty.

After that, the contract binds the buyer, who must meet the stage payment calls according to the contractual schedule.

The delivery date is an essential element of the contract. Unjustified delay engages the developer's contractual liability under Articles 1103 and 1217 of the Civil Code. The Versailles Court of Appeal has recalled this: where the seller fails to prove completion as contractually required by the agreed date, unjustified late delivery is established (CA Versailles, 1st and 4th chambers, 30 June 2025, No. RG 23/01404).

Where the contract provides for late-delivery penalties, they apply per day of delay, based on a percentage of the sale price. Failing that, the buyer must prove their loss.

The loss must be proved and assessed head by head. The Versailles Court of Appeal awarded €8,000 for loss of use over sixteen months of delay on a property valued at €480,000, noting that the delay causes loss of use in the broad sense, which may consist of a lost chance to sell earlier (CA Versailles, 30 June 2025, No. RG 23/01404).

The judicial court of Bobigny awarded compensation for a delay of more than 1,228 days: €16,000 for the lost chance of receiving rent, €12,266 for the lost chance of benefiting from the Pinel tax scheme and €3,000 for non-material loss (TJ Bobigny, 9 February 2026, No. RG 25/03747). Lost rent and a lost tax advantage are compensated as lost chances, never at the same level as the gain missed.

Clauses suspending the delivery period are strictly applied. The developer must prove the legitimate event relied on — bad weather, contractor failure, administrative order — and produce the project manager's certificate provided for in the contract.

Case law accepts the validity of a clause providing for a doubling of the suspension period, but compliance with the notification procedure remains essential: without a certificate and without notification, the delay remains attributable to the developer.

Delivery takes the form of a report recording completion and taking of possession, signed jointly by the seller and the buyer. This document fixes the date of completion within the meaning of Article R. 261-1 of the Construction and Housing Code and lists the snags noted by the buyer.

Snags must be precise: nature of the defect, location, seriousness, proposed period for remedy. A snag that is too vague or undated loses its evidential force.

Yes. The 5% retention of the price provided for by Article R. 261-14 of the Construction and Housing Code allows the buyer to withhold that portion until the snags are cleared, generally with the notary or an escrow agent.

The notion of completion is not left to the seller's sole assessment: it is subject to judicial review. In case of disagreement between the parties, it is for the trial judge, where the completion guarantor has applied for payment of the 95% portion of the price, to assess whether the building is complete within the meaning of Article R. 261-1 (Cass. 3e civ., 26 November 2020, No. 18-17.617).

The buyer keeps the benefit of the statutory warranties: the one-year completion warranty of Article 1792-6 of the Civil Code covers for one year all defects noted at acceptance or appearing within the year; the two-year equipment warranty of Article 1792-3 covers the proper functioning of separable equipment for two years; the ten-year builder's liability of Article 1792 covers for ten years defects affecting structural soundness or making the work unfit for its purpose.