EXPERTISE – VEFA (Sale of Future Completion)
You have just received the keys to your new apartment in Antibes, in the La Braque district. The VEFA plan promised a Carrez surface area of 65.3 m². You measure with a laser meter: 61.8 m². That is 3.5 m² less, a difference of 5.4%. The Carrez law tolerates 5%. You are just above. But the developer tells you it is within the margin of error. Really?
What You See – and What It Really Hides
You measured room by room, deducting walls and partitions. But did you account for door reveals? Built-in closets? Sloped ceiling areas? The Carrez law requires measuring under a ceiling height of at least 1.80 m. For an apartment on a standard floor in Antibes, it is simple. But in a duplex with a mezzanine, it gets complicated.
What we often observe: VEFA plans are optimistic. Dimensions are rounded, wall thicknesses are underestimated. On a case in Antibes last year, I measured a difference of 2.8 m² on a three-room apartment. The developer had forgotten to deduct the roller shutter box. A 0.8 m² error. The rest came from a partition thickness shown as 15 cm instead of the actual 20 cm.
The Calculations That Change Everything – the 5% Tolerance Is Not a Margin of Error
The Carrez law (Article 46) provides that if the actual surface area is more than 5% smaller than that stated in the deed, the buyer can request a proportional price reduction. The 5% tolerance is not a measurement margin of error: it is a legal threshold. Below it, no recourse. Above it, the developer must compensate.
Take your case: announced surface 65.3 m², measured 61.8 m². Difference: (65.3 – 61.8) / 65.3 = 5.36%. Above 5%. The reduction calculation: price per m² = €350,000 / 65.3 = €5,359/m². Missing surface = 3.5 m². Reduction = 3.5 × €5,359 = €18,756. That is not negligible.
But be careful: the measurement must be adversarial. The developer can contest your measurement. You need a surveyor or building expert. In Antibes, I systematically perform a survey with a Leica laser distance meter, with a measurement report. I also check the plans: scale 1/50, actual dimensions, deductions for walls and partitions. Often, the VEFA plan omits deductions: openings, stairwells, technical shafts. The Carrez measuring rules (Decree No. 97-532 of 23 May 1997) specify: surface between finished walls, deduction of walls, partitions, steps and areas under 1.80 m.
What Happens If You Do Nothing – the Financial Loss Worsens
If you accept delivery without reservation, you lose all recourse regarding the surface. The deadline to act is 5 years from the signing of the notarial deed. But the longer you wait, the harder the proof becomes. VEFA plans can be lost, interior modifications can be made.
Practically, a difference of 3.5 m² on a three-room apartment in Antibes means one less bedroom. Resale will be affected: a property of 61.8 m² will sell for less than a 65 m² one. The loss can reach €20,000 upon resale. And if you took out a loan, the bank may require a reassessment.
Recourse and Guarantees: What You Can Demand
The surface guarantee is provided by the Carrez law (Article 46). You must send a registered letter with acknowledgement of receipt to the developer, presenting the adversarial measurement and requesting a price reduction. If the developer refuses, you can take the matter to the Grasse judicial court. In practice, I recommend hiring an independent expert for the adversarial measurement. The expertise allows you to secure evidence and negotiate from a position of strength. In Antibes, I have obtained reductions of €10,000 to €25,000 for my clients. Do not let a 5.36% difference slide.
Frequently asked questions
What should you do if the Carrez area is smaller than the VEFA (off-plan) plan in Antibes?
If the Carrez area is more than 5% smaller than on the VEFA (off-plan) plan, you can bring an action for a reduction in the sale price (Article L. 721-2 of the Construction and Housing Code). Instruct a chartered land surveyor (géomètre-expert) to carry out an adversarial measurement and send the seller or developer a formal notice (mise en demeure). If that fails, apply to the judicial court (tribunal judiciaire) within 5 years of signing the authentic deed.
What is the time limit for seeking a price reduction for Carrez area in Antibes?
The time limit is 5 years from signing the authentic deed of sale. After that, you lose the right to claim a price reduction. It is advisable to act quickly, as the steps (measurement, negotiation, proceedings) take time.
How do you calculate the Carrez area and compare it with the VEFA (off-plan) plan?
The Carrez area is calculated by measuring the floor area of enclosed, covered spaces, excluding walls, partitions, door and window recesses, and any parts with a ceiling height below 1.80 m. To compare it with the VEFA (off-plan) plan, have a certified professional carry out a measurement and request the detailed VEFA plan. Any difference of more than 5% gives rise to an action for a price reduction.
See also: Carrez Surface Smaller Than the VEFA Plan: What to Do in Antibes · Carrez Surface Below VEFA Plans in Antibes: A Contradictory Survey · Non-Compliant Ceiling Height in Cannes: VEFA Recourse and Calculations
Survey carried out by Frédéric Faucouneau, independent building expert – Antibes, Alpes-Maritimes (06), Var (83), Bouches-du-Rhône (13). Find out more
📅 Last updated 06/11/2026 - Cassini Expertise, independent building expert – departments 06, 83 and 13.