Building your home: what contract to make with a professional?

Verified 08 July 2026 - Public Service / (Prime Minister)

You want to know which contract to choose to build your house? There are 4 types. Each of them defines the rights and obligations of the contracting authority and the construction professional. The choice of contract depends on the mission you want to entrust to the professional. Depending on the case, it may be a builder, a real estate developer, a prime contractor or a company of the building. We're taking stock of the regulations.

You can sign one of these 4 contracts:

  • Contract for the construction of a detached house (CCMI) with a builder who doesn't provide you with the land
  • Contract for the sale of a building to be built (sale in the future state of completion - Vefa) with a developer who provides you with the land and commits to building a house
  • Project management contract with a prime contractor who coordinates works without performing them
  • Company contract with each trade.

CCMI

The CCMI is a contract signed with a builder for the realization of a detached house. The house must be intended for a residential use or to professional and residential use. The CCMI does not allow the construction of more than 2 dwellings.

The CCMI is mandatory in one of the following 2 cases:

  • Support by the builder of the complete construction of a detached house
  • Construction by the builder of at least structural works, for putting out of water and out of air of a detached house.

FYI  

The works of putting out of water and out of air make the house watertight and air-tight by laying the roof, doors and windows.

The CCMI is regulated. It provides you with a protective legal framework. It must be drawn up by written and signed before the start of works.

It contains mandatory information and lists suspensive conditions.

The contract can be concluded with or without plan provision. Their content is then different.

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CCMI with plan provision

The construction plans are provided to you with the contract by the builder or through him. The plans can be proposed on catalog. The builder can also refer you to an architect or a design office.

The contract shall include the following information:

Information on the ground

  • Title of ownership or real right for building
  • Land designation (address, area and cadastral references)

Project description

  • Consistency and technical characteristics of the building to be built (ground adaptation works with geotechnical study if necessary, connections to the networks, indoor or outdoor equipment works for the installation and use of the house)
  • Assurance of project compliance with construction rules
  • Indication of obtaining the building permit and other administrative authorizations

Prices and payment terms

  • Price TTC: titleContent flat-rate and final from the manufacturer (it includes the cost of the delivery guarantee, the cost of the plan and the taxes due by the manufacturer)
  • Conditions for revision of the price, if foreseen, according to the variation of the national all-state building index, BT 01 which assesses the evolution of costs in the building sector
  • Cost of works you choose to make yourself
  • Financing (nature and amount of loans obtained)
  • Payment scheduling based on works progress and balance of 5% the price payable at the end of the delivery guarantee

Time to completion of works

  • Date of opening of construction site
  • Time to completion of works
  • Penalties in case of late delivery (at least 1/3,000 of the price per day of delay)
  • Optional late payment penalty. It cannot exceed 1% per month calculated on unpaid amounts if the penalty for late delivery is limited to 1/3,000 of the price per day of delay

Guarantees and insurance

  • Reminder that the contracting authority may be assisted by a professional for the receiving works
  • Reference of non-life insurance of the contracting authority
  • Justifications of the manufacturer's refund and delivery guarantees

Annexes

  • Copy of building permit, if you got it
  • Construction plans (ground adaptation works, useful dimensions and indication of room surfaces, clearances and outbuildings, connections to various networks, interior or exterior equipment essential for installation)
  • Information notice that outlines your rights and obligations
  • Description of the technical characteristics of the building, equipment works and connections. It distinguishes between the elements included or not in the price. It shall indicate the cost of the works, not included in the price, to be borne by the contracting authority.
  • Certification of the manufacturer's money-back guarantee (mandatory if you pay a security deposit before the opening of the construction site)
  • Certification of the manufacturer's delivery guarantee issued on behalf of the contracting authority (to ensure the delivery of the finished house)
  • Certification of professional liability insurance and ten-year insurance of the manufacturer
  • Certificate of non-life insurance

Suspensive conditions

The defined contract may be concluded under the following suspensive conditions:

  • Acquisition of land or real rights to build if the owner has a promise to sell
  • Obtaining the building permit and other administrative authorizations, the contracting authority being required to specify the deadline for submitting the application
  • Obtaining the loans requested for the financing of the construction
  • Obtaining damage insurance
  • Obtaining the delivery guarantee.

Please note

If you plan to make some of the works yourself, you have 4 months to change your mind, from the signature of the contract. During this period, you can ask the manufacturer to make them at the price provided in the CCMI.

Prohibited clauses

The following clauses shall not be included in the contract:

  • Require the developer to give a mandate to seek the necessary loans, unless the mandate is express, clearly formulated and specifies all the conditions of the loan(s) envisaged
  • Make the return of the security deposit conditional on proof by the contracting authority of the refusal of several loan applications
  • Consider as a valid administrative authorization a building permit with technical or architectural requirements substantially modifying the initial project
  • Exempt the manufacturer from compliance with the deadlines, adding causes of delay other than bad weather, force majeure or the fortuitous cases
  • Make the handing over of the keys subject to full payment of the price where reservations have been made, thus preventing the developer from recording the amounts outstanding
  • Prohibit the contracting authority from visiting the site before each payment deadline and before the work is received
  • Prohibit the contracting authority from verifying the completion and conformity of prefabricated components intended for delivery and assembly for construction.

CCMI without provision of plan

The builder does not provide you with a plan. According to the contract, he takes care of the structural work, the outpouring (covering and waterproofing of the building) and outpouring (installation of doors and windows) or delivering you a finished house.

The contract shall set out the commitments of each of the parties and shall contain the following information:

Information on the ground

  • Land designation (address, area and cadastral references)
  • Title of ownership or real rights allowing to build.

Project description

  • Consistency and technical characteristics of the building to be built (ground adaptation works with geotechnical study if necessary, connections to the networks, works of indoor or outdoor equipment for the installation and use of the house).

Prices and payment terms

  • Price TTC: titleContent flat-rate and final from the manufacturer (it includes the cost of the delivery guarantee, the cost of the plan and the taxes due by the manufacturer)
  • Conditions for revision of the price, if foreseen, according to the variation of the national all-state building index, BT 01 which assesses the evolution of costs in the building sector
  • Payment of works.

Works lead time

  • Penalties in case of late delivery (at least 1/3,000 of the price per day of delay)
  • Optional late payment penalty. It cannot exceed 1% per month calculated on unpaid amounts if the penalty for late delivery is limited to 1/3,000 of the price per day of delay.
  • Time to completion of works.

Insurance

Annexes

  • Copy of building permit,
  • Construction plan and address of its author
  • Information notice that outlines your rights and obligations
  • Description of the consistency, technical characteristics of the construction, equipment works and connections. It distinguishes between the elements included or not in the price. It shall indicate the cost of the works, not included in the price, to be borne by the contracting authority.
  • Certification of money back guarantee of the manufacturer
  • Certification of the builder's delivery guarantee (to ensure delivery of the finished house)
  • Certification of professional liability insurance and ten-year insurance of the manufacturer
  • Certificate of the damage insurance that you have taken out
  • Suspensive conditions (purchase of the land, obtaining the building permit, etc.).

Please note

If you plan to make some of the works yourself, you have 4 months to change your mind, from the signature of the contract. During this period, you can ask the manufacturer to make them at the price provided in the CCMI.

You must meet all of the following conditions:

The manufacturer must have subscribed to a delivery guarantee and provide you with a personal attestation corresponding to your site.

FYI  

The contract can be signed before the fulfillment of these conditions. If they are not fulfilled within a time limit set by the CCMI and at the latest on the date of opening of the site, the contract shall be canceled. The sums you have paid are returned to you.

Yes, you have 10 calendar days to retract by letter RAR: titleContent addressed to the manufacturer.

This period begins the day after the 1stre presentation of the RAR letter to you notifier the contract.

If 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.

The builder may ask you to pay a security deposit. It is limited to 3% the price of construction. It is blocked on a special account opened in your name. It is deducted from the first payments provided for in the contract.

Where the contract does not provide for security deposit, the manufacturer may ask you 2 limited payments à 5% from the construction price to the signature of the contract and to 5% the issuance of the building permit. In this case, a certificate of money back guarantee shall be annexed to the contract.

The CCMI shall establish a timetable for payment as and when the progress of the works.

Payments cannot not exceed the following percentages:

  • 15% at the opening of the construction site
  • 25% at the completion of the foundations
  • 40% at the completion of the walls
  • 60%on removal from the water
  • 75% completion of the bulkheads and venting
  • 95% completion of works for equipment, plumbing, carpentry, heating and exterior cladding.

The balance is payable upon receipt of the work (or within a period of 8% calendar days after that). In case of disorders or defects noted, this balance is recorded until their repair.

The reception of the works is the moment when you examine your house with the builder to decide if you accept it. You can accept it without reservation if everything is in conformity, or with reservations if you spot disorders and defects or elements that do not correspond to the contract.

The reception is usually amicable, but a judge can impose it if you cannot agree.

A report is completed that day. It is in this document that you note your reservations.

You can also be accompanied by a building professional. This can be an architect, a technical controller or any other construction professional with an insurance contract covering the responsibilities for this type of assignment.

You date and then sign the minutes. The contractor also targets it, as well as the professional who assists you, when this is the case.

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You receive the works with the builder alone

After receiving the work and handing over the keys, you have a delay of 8 calendar days to notify the manufacturer of apparent disorders by letter RAR: titleContent or otherwise pay the balance. This one represents at most 5% the overall construction price.

If you make reservations (apparent defects or lack of conformity with the construction contract), you must deposit the amount with an organization (Caisse des dépôts et consignations or notary) that you have chosen with the builder. In case of disagreement on his choice, the latter is appointed by the president of the judicial court.

You pay the balance when the reserves are lifted (i.e. when the disorders have been repaired).

You are accompanied by a professional

If you have no reservations (apparent defects or lack of conformity with the construction contract), you pay the balance of 5%maximum price to the manufacturer upon completion of works receipt.

If you make any reservations (apparent defects or lack of conformity with the construction contract), you must deposit the amount with an organization (Caisse des dépôts et consignations or a notary) that you have chosen with the builder. In case of disagreement on his choice, the latter is appointed by the president of the judicial court.

You pay the balance when the reserves are lifted (i.e. when the disorders have been repaired).

Vefa

One sales contract in the future state of completion (Vefa) is a contract for the sale of a building to be built by which the seller (the developer) provides you with the land and undertakes to build a building within a specified period.

You sign a Vefa contract. You become the owner of the land at the signing of the deed of sale and the house as it is built.

Please note

There is another contract for the sale of buildings to be built more rarely concluded: forward sales contract. You become the owner upon completion of the works and you pay for the property on its delivery date.

Before signing the deed of sale of a building to be built, you must sign a reservation contract called preliminary contract. It takes the form of a deed under private signature or a notarial deed.

Booking contract for a Vefa

Before signing the deed of sale of a building to be built, you must sign a reservation contract called preliminary contract. It takes the form of an act under private signature or a notarial act.

The content of the booking contract shall be enclosed and shall include the following information:

Information about the seller and buyer:

  • Contact details of the seller and the buyer (name, surname, address for example)
  • Financial guarantee of reimbursement (GFR) or a Financial Guarantee of Completion of works (GFA) subscribed by the seller.

Information about housing:

  • Address of the accommodation
  • Living area of the dwelling, number of main rooms and enumeration of service rooms, outbuildings and clearances
  • Description of the materials used
  • Description of the collective facilities available
  • Location of the dwelling in the building or subdivision.

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:

  • Forecast selling price of the dwelling and conditions of revision
  • Date on which the final contract of sale can be concluded (the seller must notify the buyer of the draft deed of sale at least one month before the date of signature of this deed)
  • Method of payment of the property (with or without loan)
  • Amount of loan(s), terms and name of lender
  • Suspensive condition to obtain a loan (if the price must be paid with the help of a loan)
  • Amount of security deposit
  • Conditions for the recovery of the security deposit (amount that represents a certain percentage of the total price) in case of renunciation of the purchase
  • Delivery time
  • Possible penalties for late delivery of the accommodation
  • 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).

Works that the buyer can decide to make himself, after delivery of the goods. It shall bear the costs and be liable for:

  • 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.

Deed of sale of a building to be built

As soon as all the conditions for the sale of the house to be built are met, the contract of sale is signed before a notary. The content of the sales contract is regulated by law and clauses must be included (description of the goods, price, payment schedules, delivery times...).)

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Apartment

The contract of a Vefa must be concluded in the form of a authentic act.

It shall specify the following:

  • Detailed description of the dwelling (surface, equipment and annexes)
  • Prices, means of payment and possible revision rules
  • Delivery time
  • Proof of financial guarantee of reimbursement (GFR) or Financial Guarantee of Completion of works (GFA)
  • Conditions for exercising the right of reflection
  • Possible late payment penalty not exceeding 1% per month
  • Possible resolutive clauses and suspensive.

The following documents must also be attached to the sales contract:

  • Regulation of co-ownership if the accommodation is located in a condominium
  • Side plan and instruction leaflet indicating the equipment elements specific to the dwelling
  • Information on the consistency and technical characteristics of the building.

FYI  

It must be specified whether the price is revisable. The revision is then calculated as a function of the variation in the index BT01. This index assesses the evolution of costs in the building sector.

House

The contract of a Vefa must be concluded in form authentic act.

It shall include the following:

  • Detailed description of the accommodation, its equipment and its annexes
  • Prices, means of payment and possible revision rules
  • Delivery time
  • Proof of financial guarantee of reimbursement (GFR) or Financial Guarantee of Completion of works (GFA)
  • Description of the works that the buyer has decided to make when the sale is preceded by a preliminary contract (for example: works for finishing the interior walls, cladding or installation of heating or sanitary equipment, and furniture that can accommodate them)
  • Conditions for exercising the right of reflection
  • Possible late payment penalty not exceeding 1% per month
  • Possible resolutive clauses and suspensive.

FYI  

It must be specified whether the price is revisable. The revision is then calculated as a function of the variation in the index BT01. This index assesses the evolution of costs in the building sector.

Yes, you have 10 calendar days to retract by letter RAR: titleContent addressed to the manufacturer.

This period begins the day after the 1stre presentation of the RAR letter to you notifier the contract.

If 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.

Payments are staggered as the works progress.

They may not exceed the following percentages:

  • 35% of the total price at the completion of the foundations
  • 70% from the price at the time of removal from water
  • 95% from price to completion of works
  • 5%the balance paid on delivery, unless the purchaser has reservations concerning non-conformity.

FYI  

If the contract contains suspensive conditions, no payment may be made before the fulfillment of these conditions.

When the construction is completed, the developer will call you to perform the delivery from the house. You must see the completion of the works and their compliance with what was planned in your sales contract.

If you notice any lack of conformity or defects that prevent you from using the house (for example, waterproofing), you must mention them by making reservations in a delivery report. You can record balance the selling price corresponding to 5% with the Caisse des dépôts et consignations or with the notary.

You pay the balance when the reserves are lifted (when the disorders have been repaired).

Project management contract

You sign a project management contract with a prime contractor who coordinates works without performing them.

The prime contractor designs your project of construction. It establishes plans and coordinates works. He advises you for the choice of companies for each trade (mason, roofer, plumber, electrician). It checks their qualification, the quotes offered, their assurances, their capacity to meet the deadlines for making works.

You must then sign a contract with each company. The prime contractor does not commit to the construction lead times which depend on the companies selected. However, it develops a works schedule which is signed by each company.

The project management contract must be written and may contain the following elements:

Possible services of the prime contractor

  • Realization of the plan
  • Preparation of the application file for a building permit
  • Competitive tendering of companies
  • Help in the choice of companies
  • Drafting of technical documents including:
    • Company Consultation Record (WFD)
    • Forward planning
    • Analysis of offers
    • Construction site reports
    • Service Orders
    • Minutes of receipt of work
  • Coordination of works
  • Assistance in the reception of works

Commitments upon signature of the contract

The prime contractor undertakes to respect a calendar for:

  • Assemble the building permit file
  • Consult the companies

Information on the ground

  • Cadastral references
  • Address of the land

Definition of the program by the contracting authority

Your program must contain at least:

  • Site constraints (easements, regulations)
  • Construction area, number and nature of parts
  • Equipment planned for the house

Price

  • Maximum amount of the operation
  • Engagement of the prime contractor is committed to presenting you a project in accordance with your budget
  • Termination clause for damages of the developer if the final cost of construction exceeds the expected amount

Suspensive conditions

  • Concerning the obtaining of the building permit
  • On obtaining bank loans.

You can withdraw within 14 days only if you have signed the distance contract or following a door-to-door canvassing.

The deadline starts the day after the contract is signed. If it ends on a Saturday, Sunday or public holiday or unemployed, it shall be extended until the first business day next.

You must send your withdrawal by letter RAR: titleContent. You have no need to explain. 

Company contract

When several companies are involved in building your house, you sign a company contract with each craftsman who works on the site. None of them carries out all the works of putting out of water and out of air. Extinguishing the house from water and air is about protecting the house from the elements by laying the roof, doors and windows.

The company contract is not governed by specific regulations. It is therefore advisable to draw up a written contract containing at least the following elements:

  • Nature and scope of the service entrusted
  • Descriptive specifications and detailed plans for the implementation of works
  • Cost of works, possible price review
  • Schedule of payments (it is recommended that a retention of security of 5% for carrying out the works concerning any defects found during the receipt of work)
  • Suspension clause to obtain your loans
  • Works completion schedule with expected start date of works and completion deadline
  • Automatic penalties in case of delay
  • Certification of professional guarantee insurance and ten-year guarantee of each company.

You can withdraw within 14 years calendar days only if you have signed the remote company contract or following a door-to-door canvassing.

The deadline starts the day after the contract is signed. If it ends on a Saturday, Sunday or public holiday or unemployed, it shall be extended until the first business day next.

You must send your withdrawal by letter RAR: titleContent to the contractor. You have no need to explain. 

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