Real-estate VAT, building works

10% and 5.5% VAT on works in residential premises: the regime and the end of the certificate

Works carried out in residential premises completed more than two years ago benefit from two reduced VAT rates: 10% for improvement, conversion, fitting-out and maintenance works (article 279-0 bis of the French Tax Code, CGI) and 5.5% for energy-renovation works (article 278-0 bis A of the CGI). These rates are set aside where the works contribute to the production of a new building or increase the floor area by more than 10%. Since 1 March 2025, under the Finance Act for 2025, the certificate that the client had to hand over to the contractor has been abolished: it is replaced by a certified statement entered on the quote or the invoice. The firm secures the applicable rate, both upstream of the works and in the event of a tax audit.

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— In brief
10% rate
Improvement, conversion, fitting-out and maintenance works (CGI art. 279-0 bis)
5.5% rate
Energy-renovation works meeting the regulatory conditions (CGI art. 278-0 bis A)
Premises covered
Premises used for residential purposes, completed more than two years ago
Exclusions
Works contributing to a new building (CGI art. 257), increase in floor area of more than 10%, raising the building
2025 formalities
Certificate abolished, replaced by a certified statement on the quote or invoice (Finance Act 2025, art. 32, since 1 March 2025)
— 01

Works in residential premises: two reduced rates, one dividing line with the new building

The principle looks simple: works on premises used for residential purposes and completed more than two years ago fall under the 10% rate where they qualify as improvement, conversion, fitting-out or maintenance works (article 279-0 bis of the CGI), and under the 5.5% rate where they qualify as energy-renovation works meeting the conditions of article 278-0 bis A of the CGI.

The difficulty lies in the dividing line with the new building: the reduced rates are set aside where the works, over a two-year period, contribute to the production of a new building within the meaning of article 257 of the CGI (renewal of the foundations, of the structural elements, of the facades other than resurfacing, or of all the second-fix elements in the proportions set by the statute), or where they increase the floor area of the existing premises by more than 10%. A heavy renovation can therefore tip over, as a whole, into the standard 20% rate, with significant reassessments as a consequence.

The formalities have also changed: the certificate that the client used to hand over to the contractor before the works began has been abolished by the Finance Act for 2025 (art. 32), for transactions occurring since 1 March 2025. The client now certifies that the conditions for applying the reduced rate are met by means of a statement entered on the quote or the invoice. The simplification is real, but the liability attached to an inaccurate statement remains: a client responsible for the inaccuracy is jointly and severally liable for the additional tax.

The firm deliberately takes on a limited number of engagements so as to guarantee the direct involvement of the partners in every matter, and systematically assesses the relevance of acting before any commitment.

— 02

The reduced-rate regime, point by point

01

The 10% rate: improvement, conversion, fitting-out, maintenance

Article 279-0 bis of the CGI applies the 10% rate to works on residential premises completed more than two years ago.

  • Works of improvement, conversion, fitting-out and maintenance, including labour and raw materials or supplies
  • Premises used for residential purposes: main or secondary residence, house or apartment, whether the client is the owner, a tenant or an occupier
  • Exclusion of the portion corresponding to the supply of household or furnishing equipment and of certain major items of equipment whose list is set by ministerial order
  • Cleaning and landscaping of green spaces remain subject to the standard rate
02

The 5.5% rate: energy renovation

Article 278-0 bis A of the CGI reserves the 5.5% rate for energy-renovation services in residential premises completed at least two years ago.

  • Energy-renovation services: supply, installation, adaptation or maintenance of materials, equipment, appliances or systems designed to save energy or use renewable energy, through improved thermal insulation, heating and ventilation or domestic hot-water production
  • The nature and content of the eligible services, and the required performance levels, are specified by a joint order of the ministers for the budget, housing and energy
  • The supply and installation of boilers capable of using fossil fuels are excluded from the reduced rates by the Finance Act for 2025, as from 1 March 2025; the maintenance and repair of such equipment follow their own rules
  • Interaction with renovation-support schemes, which are subject to their own conditions
03

The exclusions: new building and raising the structure

The reduced rates are set aside where the works result, in fact, in the production of a new building.

  • Works which, over a two-year period, renew the majority of the foundations, the majority of the elements other than foundations determining the strength and rigidity of the structure, the majority of the substance of the facades other than resurfacing, or all the second-fix elements in the proportions set by the statute
  • Works increasing the floor area of the existing premises by more than 10%, or raising the building
  • Consequence: all the works fall under the standard 20% rate, and the transaction may carry the effects attached to the supply of a new building
  • The assessment is technical and overall: it often requires the input of the project architect and careful documentation
04

The end of the certificate: the statement on the quote or the invoice

The Finance Act for 2025 replaces the prior certificate with a certified statement entered on the quote or the invoice.

  • The client certifies, through a statement entered on the quote or the invoice, that the conditions for applying the reduced rate are met (nature of the premises, completion more than two years ago, nature of the works)
  • The contractor keeps the document in support of its accounts, within the applicable retention periods
  • In the event of an inaccurate statement attributable to the client, the client is jointly and severally liable for the additional tax; the client keeps its copy and the invoices until 31 December of the fifth year following the issue of the invoices
  • The BOFiP guidance published following the reform (BOI-TVA-LIQ-30-20-90 et seq.) sets out the practical arrangements for the certification, in particular for emergency works and works carried out in co-owned buildings
— 03

Our approach

The firm advises on the VAT applicable to building works at every stage: qualification of the works upstream of the project (10% rate, 5.5% rate or standard rate), analysis of the dividing line with the production of a new building, review of the formalities (statements on quotes and invoices, allocation of responsibilities between the contractor and the client), and defence where the rate is challenged in the course of a tax audit. The analysis dovetails with the general rules of real-estate VAT and, where relevant, with the reverse charge applicable to construction subcontracting.

  • Works in residential premises
  • 10% reduced rate
  • 5.5% energy renovation
  • New building
  • Statement on quote and invoice
— FAQ

VAT on building works: your questions

Which works benefit from the 10% VAT rate?

Works of improvement, conversion, fitting-out and maintenance on premises used for residential purposes and completed more than two years ago, under article 279-0 bis of the CGI. The rate covers the labour and the raw materials or supplies invoiced by the contractor, excluding the portion corresponding to household or furnishing equipment and to certain major items of equipment whose list is set by ministerial order. Cleaning and landscaping of green spaces remain subject to the standard rate.

Which works benefit from the 5.5% rate?

Energy-renovation services carried out in residential premises completed at least two years ago, under the conditions of article 278-0 bis A of the CGI: supply, installation, adaptation or maintenance of materials, equipment, appliances or systems designed to save energy or use renewable energy, through improved thermal insulation, heating and ventilation or domestic hot-water production, subject to the performance conditions specified by ministerial order. The supply and installation of boilers capable of using fossil fuels are excluded from the reduced rates by the Finance Act for 2025, while the maintenance and repair of such equipment remain governed by their own rules.

Does the VAT certificate for building works still exist?

No. The Finance Act for 2025 (art. 32) abolished, as from 1 March 2025, the certificate that the client had to hand over to the contractor before the works began. It is replaced by a statement entered on the quote or the invoice, through which the client certifies that the conditions for applying the reduced rate are met: premises used for residential purposes, completion more than two years ago, nature of the works and absence of production of a new building. The BOFiP guidance published following the reform sets out the practical arrangements.

Who is liable if the statement entered on the quote or the invoice is inaccurate?

The regime follows the logic of the former certificate: where the inaccuracy of the statement is attributable to the client, the client is jointly and severally liable for the additional tax resulting from the difference between the reduced rate applied and the standard rate. The contractor, for its part, must keep the quote or the invoice bearing the statement in support of its accounts and remains responsible for the correct calculation of the tax on the basis of the information available to it. The drafting of the statement and the contractual allocation of the risk deserve genuine attention on significant projects.

When do renovation works cause the reduced rates to be lost?

Where the works, over a two-year period, contribute to the production of a new building within the meaning of article 257 of the CGI: renewal of the majority of the foundations, of the majority of the elements other than foundations determining the strength and rigidity of the structure, of the majority of the substance of the facades other than resurfacing, or of all the second-fix elements in the proportions set by the statute. The reduced rates are also set aside where the works increase the floor area of the existing premises by more than 10% or involve raising the building. All the works then fall under the standard 20% rate.

Do the reduced rates apply to secondary residences and to let premises?

Yes. Articles 279-0 bis and 278-0 bis A of the CGI cover premises used for residential purposes completed more than two years ago (at least two years for the 5.5% rate), without distinguishing according to whether the premises are the occupier's main or secondary residence, or according to the client's capacity: an owner-occupier, a landlord, a tenant or a co-ownership association may all benefit. By contrast, premises used for professional or mixed purposes call for an analysis of the actual use of the areas concerned by the works.

What happens in a tax audit if the reduced rate is challenged?

The tax authorities claim the additional VAT between the rate applied and the rate due, together with late-payment interest and, where applicable, penalties. Who owes that additional tax depends on the origin of the error: the contractor in principle, the client where the inaccuracy of the certified statement is attributable to it. The defence rests on the documentation of the project: quotes and invoices, certified statement, description of the works, technical evidence establishing that the new-building criteria are not met. A prior review of the file is decisive before any response to the tax authorities.

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François Ouairy, avocat associé

Written by

Me François Ouairy, avocat associé en charge du bureau de Paris, expert en fiscalité immobilière, fiducie et fiscalité financière.