VEFA: buyers can now finish their work

More flexibility for buyers thanks to VEFA
The possibility has existed for a long time for buyers of land to build a house, it is now also possible for apartments. The ELAN law (on the development of housing, development and digital) of November 2018 has indeed integrated this request and the decree was published on June 25, 2019. This law aims to modernize the sales mechanism in the future state of completion (VEFA), in order to give buyers and sellers greater freedom in the choice of finish and sanitary installation.

What works are concerned?
The evolution of the VEFA system will make it possible to widen the range of accommodation concerned to apartments. The acquisition of new goods should therefore be more accessible, especially for households, in large cities.

The type of work reserved must however be specified by a decree which has not yet been published, but one will find there everything concerning the finishes: interior paints, laying of floor coverings, sanitary or heating installations ...

Good to know: VEFA, what are the benefits for the buyer?

By reserving finishing works, buyers will be able to benefit from a discount of up to 30% on the total amount of the operation. They can carry out these works themselves or entrust them to craftsmen of their choice. In addition to the financial gain for DIY enthusiasts, the measure allows buyers to have more high-end finishes that are not necessarily offered by the promoter or the manufacturer.

What combinations are possible with VEFA?
Several solutions then arise for the manufacturer, who can deliver:

- A gross surface without partitions or finishes;

- A partitioned surface without covering floors and walls;

- Only the technical island, including the kitchen, bathroom and WC connections, but without the furniture and sanitary facilities.

The combinations are multiple and can be a source of negotiations between the promoter and the buyer.

Promoter: precautions to be taken to avoid disputes
As of the signing of the VEFA accommodation reservation contract, the work reserved for the purchaser must be specifically indicated in a special clause. It must also mention, without any possible ambiguity, that the purchaser bears responsibility not only for the completion and cost of this work, but also for the consequences linked to possible faults. The contract will then be formalized at the notary by an authentic act which will explicitly include the list of reserved works.

Estimate the amount of work
As a promoter, you are required to describe the work that the buyer is reserving and to quantify their amount. On the other hand, the buyer must, for his part, have quotes made to verify the manufacturer's estimate.

Good to know: why be careful about your estimate vis-à-vis the buyer?

It is a good idea for the buyer to leave room for maneuver in calculating the cost of the work, since needs and prices can change during the two years between booking and delivery.

Negotiate the withdrawal period
Another important clause to take into account: the contract must include precisely the period during which the buyer can reverse his decision to carry out the work himself. This deadline is not imposed by ELAN law or by the decree of June 25, 2019, so it will have to be negotiated between the promoter and the buyer. If the buyer renounces to carry out the work, the manufacturer will then be forced to perform it at the price and under the conditions mentioned in the preliminary contract. During this period, the purchaser may withdraw at any time by means of a registered letter with acknowledgment of receipt or by registered electronic mail. Once the delivery has been made and the keys given to the buyer, the buyer has one month to report any faults which must be taken care of by the promoter.

You will therefore benefit from assisting buyers in the definition of reserved works and in their estimation. Indeed, these works can significantly impact the total amount of the operation, but above all, the promoter's responsibility can remain engaged even after delivery.

Updated date : 17/07/24
Creation date : 27/11/19

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