Early Key Handover: Risks and Precautions for the Buyer

An early key handover means the buyer taking possession of a property before the final deed (acte authentique) is signed at the notary’s office. In Paris, it concerns around 5 to 8% of transactions and typically occurs 1 to 4 weeks before the planned date of the deed. It exposes both parties to significant legal, insurance and financial risks if it is not governed by a precarious occupancy agreement.

The buyer often wants to start renovation works or organise their move without waiting for the signing. The seller, for their part, may want to vacate the property earlier to settle elsewhere. This convergence of interests creates a strong temptation. Without a proper legal framework, this seemingly harmless practice turns into a costly trap.

Table of contents

• Why do people ask for the keys before signing?
• What does a buyer risk by taking the keys before the deed?
• What does a seller risk from an early key handover?
• What is the precarious occupancy agreement and what must it contain?
• What insurance covers the property during an early handover?
• What works can you start before the deed is signed?
• What are the alternatives to an early key handover?
• Should you accept an early key handover?

Why do people ask for the keys before signing?

Because the period between the preliminary contract and the final deed is long, and both parties find an interest in it: the buyer wants to start works or leave their current home, the seller wants to stop paying charges on an empty property. The request rarely comes from a whim, it comes from the calendar.

In Paris, the period between the preliminary contract and the final deed commonly reaches three to four months, and sometimes longer when the City of Paris pre-emption right or financing difficulties extend the process. This delay creates a window in which the temptation to take possession is strong, and during which nothing, legally, has changed hands yet.

What does a buyer risk by taking the keys before the deed?

They occupy a property that does not belong to them: the transfer of ownership only occurs at the signing of the final deed. Three concrete risks follow, an insurer that may refuse to cover a claim, works paid for and lost if the sale fails, and the status of an occupant with no legal basis.

No transfer of ownership

The preliminary contract (compromis de vente) does not transfer ownership. Only the final deed, signed at the notary’s office and recorded at the land registry, produces this effect. In between, a buyer occupying the property is neither owner nor tenant: their status is that of an occupant without title, unless they hold a precarious occupancy agreement.

A direct financial risk if the sale falls through

The sale can be cancelled between the preliminary and final deeds for multiple reasons: exercise of the pre-emption right by the town hall, mortgage refusal, exercise of the cooling-off period if handover occurs within the ten-day window, discovery of a defect. If the buyer has started works, they have invested in a property that does not belong to them. Recovering the sums spent requires lengthy and uncertain legal proceedings, and the seller may in turn claim an occupancy indemnity.

An unclear administrative status

The buyer is neither tenant, nor owner, nor a gratuitous occupant in the fiscal sense. This grey area complicates everyday procedures: change of address, school registration, terminating the current lease. It also complicates the question of civil liability, covered below.

What does a seller risk from an early key handover?

They remain the owner, and therefore liable. If the sale fails, they recover a property potentially modified by works they did not authorise, and must start eviction proceedings if the occupant refuses to leave.

An accident occurring in the apartment during the early occupation can also be attributed to them as property owner. These difficulties are at least as significant as the buyer’s, and Île-de-France court timelines make them worse: an eviction is counted in months, during which the property stays occupied and unsellable.

What is the precarious occupancy agreement and what must it contain?

It is the document, drafted by the notary, that provides a legal framework for early key handover. Without it, never accept the keys before the final deed.

Contents of the agreement

The agreement must specify the date of key handover and the planned end date, which is the date of the final deed, the occupancy indemnity amount, generally indexed to market rental value between 80 and 100%, the obligation to take out suitable insurance covering occupant civil liability, the conditions for returning the property if the sale is cancelled, the list of permitted or prohibited works during the period, and a contradictory inventory of condition at entry and exit.

Who drafts the agreement?

The notary is best placed to draft it, as they are familiar with the transaction timeline and the associated risks. In Paris, some notaries refuse to endorse early handovers, considering the risks too high. That stance is a warning sign to take seriously: even with an agreement, grey areas persist.

At Home Select, our property hunters advise against early handover except in cases of absolute necessity, and systematically assist with drafting the agreement when it cannot be avoided.

What insurance covers the property during an early handover?

None, by default: a standard home insurance policy only covers properties you own or rent. The buyer must take out precarious occupant cover or a specific amendment, and the seller must keep their own policy active until signing.

Buyer’s side

Your standard home insurance does not cover a property you do not own, and you cannot take out a non-occupant owner policy on a property that is not yet yours. Contact your insurer before any key handover to arrange precarious occupant cover or an amendment to your contract. Check that the civil liability guarantee covers damage you might cause to the property, a water leak during plumbing works for example.

Seller’s side

The seller must keep their home insurance active until the final deed is signed, even if they no longer occupy the property. They must inform their insurer of the situation and verify that their cover extends to the acts of a third-party occupant.

The risk of non-coverage

In a building in the 8th arrondissement that we were following, a water leak that occurred during an undeclared precarious occupation led to a refusal to indemnify 45,000 euros in repairs for the downstairs neighbour. When a claim is undeclared, the buyer is not the owner, the seller is no longer the occupant, and insurers invoke the lack of suitable cover to refuse any indemnification.

What works can you start before the deed is signed?

Only those the precarious occupancy agreement lists and describes, in practice cosmetic works: painting, wallpapering, floor sanding. Works affecting the structure must never be undertaken before signing.

Works permitted under the agreement

More substantial works, such as plumbing, electrical work or partition removal, pose greater problems as they are irreversible. If they are considered, they must be described precisely in the agreement, together with what becomes of them if the sale is cancelled.

The case of structural works

Works affecting the building’s structure, such as opening a load-bearing wall, require co-ownership approval and an urban planning authorisation. Starting them before you are the owner exposes you to proceedings from the co-ownership, with no recourse at all if the sale does not complete.

The alternative of advance quotations

Rather than starting works, use the period between the preliminary and final deeds to obtain quotes, select your contractors and plan the project. Ask the seller for permission to have measurements and additional technical surveys carried out. This approach saves exactly the same time, without taking the slightest legal risk.

What are the alternatives to an early key handover?

Three, all less risky: bringing forward the date of the final deed, having an early enjoyment clause inserted into the deed itself, or framing early possession contractually. Before considering an early handover, explore those options.

Accelerating the deed signing

In coordination with your notary, it is sometimes possible to bring the date of the deed forward. If financing has been obtained and all documents are gathered, signing can take place earlier than planned: in Paris, some notary offices sign within two to three weeks once the file is complete.

The early enjoyment clause in the deed

If the signing date is set but the buyer wishes to move in a few days earlier, the notary can include an early enjoyment clause directly in the final deed, with a retroactive effective date of a few days. This is legally safer than a separate agreement.

Negotiating possession in the offer

The reverse of the standard deferred occupancy arrangement: here, it is the buyer who asks to take possession earlier. This configuration is rarer but technically possible, provided it is framed contractually from the offer stage. Property hunters operating in high-demand arrondissements such as the 2nd or the 4th are well familiar with these negotiations.

Should you accept an early key handover?

At Home Select, we recommend never accepting an early key handover without first lifting all conditions precedent. Mortgage approval obtained, pre-emption right purged, notarial file complete: the residual risk is then limited, but it does not disappear entirely.

The healthiest alternative remains negotiating a realistic timeline from the moment the preliminary contract is signed. An experienced property hunter anticipates the timing of each stage, mortgage processing, purging the pre-emption, obtaining co-ownership documents, and sets a workable signing date that avoids improvising, including on the pre-completion viewing.

FAQ

Can the seller give me the keys after the preliminary contract but before the final deed?

Technically yes, and it concerns 5 to 8% of Paris transactions, but it is strongly advised against without a precarious occupancy agreement. Without this document, the buyer occupies the property with no legal title and no suitable insurance cover. In the event of a claim or cancellation of the sale, the financial consequences can be severe.

Is early key handover legal in France?

Yes, but it is not governed by any specific legislation. It is a tolerated practice that relies on an agreement between the parties, formalised by a precarious occupancy agreement drafted by the notary. Without this document, the legal consequences in the event of a dispute are unpredictable.

What happens if the sale is cancelled after an early key handover?

The buyer must return the property in the condition in which they received it. If they have started works, they cannot claim any reimbursement unless the agreement explicitly provides for it. The seller may claim an occupancy indemnity for the period of use, and start eviction proceedings if the occupant refuses to leave.

Does my home insurance cover the property before the final deed?

No, a standard home insurance policy only covers properties you own or rent. Before the final deed, you are neither. You need to take out specific precarious occupant cover, or have the situation noted in an amendment to your existing policy.

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