6. Handover and Delivery of 'Off Plan' French Property

  1. Handover & Delivery
  2. Non-Conformity
  3. Defects
  4. Retention

6.3. Building Defects in the Property

If the property conforms in every respect with the contract, there may well still be construction defects that need to be remedied.

Under the VEFA contract, the developer continues to be directly responsible for any defects which occur during the first year following handover.

After this period, any defects that may become apparent will need to be taken up as part of the ten year building guarantee.

In effect, a somewhat artificial legal distinction is made between those defects occurring at delivery and those found at a later date. In the first case it is non-compliance with the contract; in the second case it is a construction defect, dealt with under the building guarantee.

If defects are found on the delivery inspection, then a time is agreed with the developer for completion of the works.

Next: Retention

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