Contract for the reservation of a property for sale in the future state of completion (Vefa)

Verified 18 September 2026 - Public Service / (Prime Minister)

In the context of the sale of a property in Vefa: titleContent, you are buying a home to be built or under construction. Before the final deed of sale is signed, a contract for the reservation of the accommodation (also called a preliminary contract) may be proposed. This document must be drawn up in writing. We're taking stock of the regulations.

Before signing the deed of sale permanent housing in Vefa: titleContent, the proposed buyer (the reservist) may sign a reservation contract with the seller (the reserving, the promoter).

The reservation contract, also called preliminary contract, is not mandatory. It is however recommended, because it determines the terms of sale and the delivery of the accommodation.

By this contract, the seller undertakes to book a new home to the buyer if the construction program is carried out. In return, the buyer pays a security deposit which represents a certain percentage of the total price. It is calculated according to the expected delivery time.

The booking contract must include a number of mandatory details concerning the seller and the buyer, the accommodation and the sale. This information constitutes the minimum content required of the contract. This means that their absence may result in the cancelation of the booking contract.

However, the parties (future buyer and promoter) remain free to decide to add additional clauses if they wish.

Information about the seller and the buyer

The booking contract must indicate the contact details of the seller (name of the company, registration number in the trade and businesses register, registered office) and the buyer (surname, first name, address, possibly family situation).

Information about housing

The booking contract must obligatory provide the following information:

  • Address of the accommodation
  • Approximate living area of the dwelling
  • Number of main rooms and enumeration of service rooms, outbuildings and clearances
  • Location/location of the property in the building (building, floor, lot number, etc.)
  • Description of the materials used (nature and quality of the materials indicated in a technical note)
  • Description of the communal facilities available.

FYI  

One state of air noise pollution shall be annexed to the contract for the reservation of goods situated in one of the noise zones defined by a noise exposure plan.

It is recommended to give the buyer a risk and pollution situation (ERP).

Information about the sale

The booking contract must obligatory provide the following information:

  • Forecast selling price of the dwelling and the conditions of revision of the price
  • Date on which the deed of sale final can be concluded
  • Method of payment of the property (with or without loan)
  • Loans that the promoter undertakes to obtain or transmit to the prospective buyer (amount, conditions and name of the lender)
  • Suspensive condition to obtain a loan (if the price must be paid with the help of a loan)
  • Amount of the security deposit and its conditions of return
  • Information on the conditions of exercise of the buyer's right of withdrawal (right to reconsider). Failure to provide this information is punishable by a fine of up to €15,000 for the seller)
  • Choice of the guarantee of completion of the property. The seller must provide the buyer with a financial guarantee of reimbursement (GFR) or a Financial Guarantee of Completion of works (GFA). The GFR or GFA may be implemented by the buyer in the event of the seller's financial failure.

The contract also indicates the works that the buyer can decide to make himself, after the delivery good. It then covers the costs and the liability. This means that the buyer must bear the cost of the works and is personally liable for their proper performance and any damage or malfunctions that may result.

The list of these works is as follows:

  • Installation of sanitary equipment of the kitchen and furniture that can accommodate them
  • Installation of sanitary equipment of the bathroom or the shower room and furniture that can accommodate them
  • Installation of toilet sanitary equipment
  • Installation of wall tiles
  • Flooring excluding insulation
  • Equipment in electric heaters, where the characteristics of the electrical installation so permit and in compliance with the required power
  • Decoration of the walls.

The booking contract is obligatorily established by written. However, no form is required by law.

In practice, the contract is thus concluded by:

  • One deed under private signature between seller and buyer
  • Or by a notarial act. The notary verify the property rights of the seller and gather the necessary documents for the drafting of the future deed of sale.

FYI  

The booking contract must be sent by letter RAR: titleContent or hand-delivered to the buyer before any deposit of funds.

The buyer has a right of withdrawal allowing him to freely renounce his commitment to acquire the housing. The exercise of this right entails the cancelation of the booking contract, without penalty or compensation to be borne by the buyer.

This right must be exercised within a period of 10 calendar days from the day after the 1re presentation of the letter RAR: titleContent notifier the contract of reservation to the buyer (or any other means with equivalent guarantees) or its delivery by hand.

When the last day of the withdrawal period is a Saturday, a Sunday, a public holiday or unemployed, the period shall be extended until 1er business day next.

Example :

If the registered letter notifying the booking contract is presented to the buyer, or if the contract is delivered to him by hand, on August 5, 2026, the deadline begins on August 6, 2026. The 10e day falls on saturday, august 15. This day being both a Saturday and a public holiday, the deadline is extended until Monday, August 17 inclusive.

If the registered letter is presented to the buyer, or if the contract is delivered to him by hand, on August 10, the deadline begins on August 11. The 10e day falls on thursday, august 20. The buyer can therefore exercise his right of withdrawal until August 20, 2026 included.

The withdrawal must be sent to the seller by letter RAR: titleContent.

Reminder

The booking contract must be notified to the buyer by RAR or by any other means offering equivalent guarantees (bailiff, Chronopost, etc.) for the determination of the date of receipt or delivery.

To book the accommodation, the seller can ask the buyer to pay a security deposit. That is a percentage of the total price. It is poured on a special bank account opened in the name of the buyer or at a notary.

The amount of the security deposit is limited to:

  • 5% the selling price if thedefinitive deed of sale is signed within a period of less than 1 year,
  • 2% the selling price if the final deed of sale is signed within 1 to 2 years.

No security deposit can be claimed if the final deed of sale is signed after 2 years.

The security deposit is returned to the reserving party (buyer) without deduction or penalty in the following cases:

  • Contract not concluded by the seller within the period provided for in the reservation contract
  • Higher selling price of more than 5% the revised estimated price, including where such increase results from a change in the consistency of the building or an improvement in its quality
  • Loan provided for in the reservation contract refused by the bank
  • 1 or more items of equipment announced in the booking contract not realized
  • Immovable or part of an immovable subject to the contract having, in its consistency or in the quality of the works provided for, a reduction in value greater than 10%.

The buyer notified his request for reimbursement by letter RAR: titleContent to the seller and to the custodian the security deposit.

FYI  

The security deposit must be returned within 3 months from the date of the request for reimbursement.

Yes, a booking contract may be canceled, in particular for:

  • Defects in consent. These are events that led a party to sign the contract when it would not have consented or not under the same conditions, if it had known all the information.
    These defects concern the error (for example, error in the essential characteristics of the goods, in the consistency, in elements subsequently included in the deed of sale), dol (maneuvers, fraudulent reluctance: information deliberately concealed by the seller or his intermediary) and violence, including moral violence (pressure, threats, etc.)
  • Absence or irregularities of the mandatory particulars of the contract.

Reminder

The mandatory information in the reservation contract concerns, in particular, the precise description of the reserved property (lot, surface, number of pieces, etc.), the estimated sale price, the time limit for concluding the sale (date on which the sale can be concluded), the rules relating to the security deposit, the reproduction of certain regulatory articles and information on the 10-day withdrawal period and its conditions of exercise.

In practice, to assess whether a reservation contract in Vefa can be canceled, it is therefore necessary to examine very precisely:

  • The content of the contract (mandatory information, security deposit, information on deadlines, etc.)
  • The circumstances of the signature (canvassing, information provided, possible breaches or deceptions)
  • The chronology of the acts (reservation contract, notification, authentic act, possible reservations) and the elapsed deadlines. 

It is necessary to be accompanied by a lawyer for this procedure.

FYI  

In principle, the cancelation of the booking contract does not entail the cancelation of the Vefa, because the booking contract is optional and autonomous.

However, if the booking contract is canceled and the buyer has not benefited from the cooling-off period at the final sale stage, he can still withdraw and obtain the cancelation of Vefa.

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