Buying a new build apartment off-plan under a VEFA (Vente en l'État Futur d'Achèvement) contract in Marseille means benefiting from a set of mandatory legal warranties that do not exist in older properties. These five protections, inherited from the Spinetta Law of January 4, 1978, and subsequently reinforced, cover the buyer from the signing of the reservation contract up to ten years after delivery.
Understanding the exact scope of each warranty, knowing how to activate it, and being aware of its limits are essential elements for any buyer committing to a new development. Our real estate agency in Marseille assists you in understanding these critical protections.
The financial completion warranty (GFA) is the first and most fundamental of the VEFA warranties. It reassures the buyer that their home will be delivered, even in the event of financial default or bankruptcy of the developer. Mandatory for every development sold off-plan since the 2015 law, it is secured from a banking institution or an insurance company before the commercial launch of the development.
In the event of a developer default, the guarantor takes over the financing of the remaining construction works until the property is delivered under the conditions stipulated in the contract. This warranty protects both the buyer and their bank, which can then release mortgage funds with the absolute certainty that the asset will be delivered.
The GFA must be specified in both the reservation contract and the final authentic deed of sale. It outlines the guarantor's identity, the guaranteed amount, and the activation conditions. In Marseille, where several small-scale developers market developments alongside large national operators, verifying the solidity of the guarantor is an indispensable precaution.
A leading banking institution offers greater security than an obscure insurance company. If there is any doubt regarding the quality of the guarantor, requesting to review the warranty terms before signing the reservation contract is a right held by the buyer.
In rare instances, a development may be covered by a refund warranty rather than a GFA. Instead of guaranteeing the completion of the project, this warranty provides for a full refund of the sums paid by the buyer if the project cannot be completed.
While it offers financial protection, it does not guarantee the actual delivery of the home — an important distinction for buyers whose life plans depend on occupying the property.
The new build developments East Marseille 2026 all benefit from these reinforced protection mechanisms.
The warranty of perfect completion (GPA) is valid for one year from the date the developer officially signs off on the completed works — a date that generally precedes delivery to the buyer by a few weeks. It requires the builder to repair all defects reported during delivery or within the following year: visible flaws, poor workmanship, or non-conformities relative to the contract specifications.
This warranty covers all issues, whether structural or aesthetic, provided they have been reported within the allowed timeframe. To activate it, the buyer simply needs to send a registered letter to the developer describing the observed issues in detail.
The delivery report signed on the day the keys are handed over is the trigger document for the GPA regarding visible defects. Any reservation recorded in this document binds the developer to resolve it within a reasonable timeframe. The law also grants an additional 30-day window after the key handover to report defects that might have gone unnoticed during the initial walkthrough.
It is highly recommended to be accompanied by a building professional during the delivery inspection to ensure nothing is missed, and to take photographs documenting every single reservation raised.
If major reservations are logged in the delivery report, the buyer can place the remaining balance of the price — usually 5% of the total amount — into escrow with a notary or a financial institution, instead of paying it directly to the developer. This sum will only be released once all reservations have been fully resolved.
This mechanism serves as an effective leverage tool that incentivizes the developer to address the reported issues promptly.
The biennial warranty, also known as the warranty of good functioning, covers all elements of equipment that can be separated from the building for two years following the sign-off of construction works. This refers to components whose removal would not damage the core structure. It applies notably to roller shutters, faucets, exposed electrical installations, locks, entry phones, and water heaters.
Should any malfunction occur with these elements within two years of sign-off, the buyer sends a registered letter to the developer describing the issue, and the developer is obligated to manage the replacement or repair at their own expense.
The biennial warranty does not cover normal wear and tear of the equipment or damage resulting from improper use by the occupant. It differs from the decennial warranty as it applies exclusively to removable fixtures rather than the structure of the building itself.
The decennial warranty offers the longest protection over time. It covers all damage affecting the solidity of the building or rendering the home unfit for its intended purpose for ten years from the sign-off of works. This includes major cracks, waterproofing issues, foundation failures, or water infiltration through the roof.
To complement the decennial warranty, the developer is legally required to take out structural damage insurance (assurance dommages-ouvrage) before construction begins. This insurance ensures the buyer receives rapid compensation in the event of a claim falling under the decennial warranty, without having to wait for liability to be settled between the various contractors on the building site.
The warranty of perfect acoustic insulation, specific to new build properties, covers sound insulation defects identified after the keys are handed over for one year. If the acoustic performance of the home falls below the standards specified in the contract or regulatory requirements, the buyer can demand corrective remedial work.
To activate any of the VEFA warranties, the process is consistently the same: sending a registered letter with acknowledgment of receipt to the developer, precisely detailing the issue found, its location within the home, and the date it appeared. This letter must be dispatched within the timeframe of the applicable warranty — one year for the GPA, two years for the biennial warranty, and ten years for the decennial warranty. Should the developer fail to take action within a reasonable timeframe, a formal default notice can precede legal recourse. VEFA warranties are one of the most tangible assets of buying a new build — but activating them demands precise knowledge of deadlines, scopes, and procedures.
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