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posted 5 hours ago
Last updated: 6 July 2026
Since 1 January 2026, construction defect law Switzerland has changed fundamentally. A partial revision of the Swiss Code of Obligations (CO) introduced a statutory right of rectification that gives buyers, owners and, in specific circumstances, tenants a direct entitlement to demand that contractors repair defective work before any other remedy is considered. The amendment reshapes a warranty regime that had remained largely untouched for decades, replacing a system in which price reduction or contract rescission were often the only practical options. This guide explains the new rules, sets out the step-by-step procedure for enforcing a claim, and highlights cantonal differences that affect how quickly a dispute can reach court.
The centrepiece of the 2026 revision is the right of rectification. Under the amended CO, a party who discovers a construction defect may now require the contractor to remedy it at the contractor’s own expense, provided the defect is not trivial and rectification would not impose disproportionate cost compared with other remedies. Key points to note immediately:
The warranty rules for construction work in Switzerland are found primarily in the works-contract provisions of the CO (Articles 363–379) and, for property sales, in the sales-law warranty provisions (Articles 197–210). The 2026 amendment inserted new paragraphs into these sections to codify the right of rectification alongside the existing remedies of price reduction (Minderung) and rescission (Wandelung).
Article 368 CO governs the ordering party’s rights when a work is defective. The amended text now includes a paragraph establishing that the ordering party may first demand rectification within a reasonable period. Where the contractor fails to rectify within the stipulated period, the ordering party may proceed to exercise the traditional remedies of price reduction or, where the defect is so serious that the work is unusable, rescission. In parallel, the sales-law provisions under Article 205 CO have been revised so that purchasers of immovable property, including new-build apartments, can demand rectification before resorting to a price-reduction claim.
The consolidated text of the Code of Obligations, including the 2026 amendments, is available on the federal legislation platform Fedlex. The explanatory memorandum accompanying the revision, which sets out Parliament’s intent and the transitional rules, is published on the Federal Council’s official website at admin.ch.
The amendment treats the right of rectification as mandatory for contracts involving works on immovable property (buildings, structural installations, and permanently affixed components). Contractual clauses that purport to exclude or limit rectification in advance are void to the extent that they deprive the ordering party of the statutory entitlement. Industry observers expect this non-waivability provision to have the greatest practical impact on standard-form construction contracts (SIA norms), which will need to be reviewed and updated to reflect the new hierarchy of remedies. For movable works and minor renovation jobs, the parties retain greater freedom to agree alternative warranty arrangements, but any exclusion must be specific and individually negotiated.
Identifying the correct claimant is a threshold question. The 2026 amendment affects different categories of property stakeholders in distinct ways.
A buyer of a new building or apartment who contracted directly with a general contractor or developer is the primary beneficiary of the right of rectification. Where the property is subsequently sold, the new owner’s position depends on whether warranty rights were formally assigned as part of the sale. Without an express assignment clause in the purchase agreement, subsequent owners must typically rely on the seller’s own warranty obligations rather than claiming directly against the original contractor, although the Federal Supreme Court has recognised exceptions where the assignment of construction-warranty claims is implied by the circumstances of the transaction.
Tenants do not have a direct claim against the contractor under the works-contract provisions. Their remedies lie in tenancy law (Articles 256–259i CO), which obliges the landlord to maintain the property in a condition fit for the agreed use. However, the 2026 rectification right strengthens the tenant’s position indirectly: a landlord who is now obliged to demand rectification from the contractor can no longer settle for a reduced price and leave the defect unrepaired if the tenant is affected by it. Tenants retain their existing rights to report defects, request repairs, and, if the landlord fails to act, to carry out emergency repairs and offset the cost against rent.
In condominium settings, claims relating to common parts (roofs, façades, shared systems) are typically brought by the condominium owners’ association on behalf of all co-owners. Claims relating to individual units remain with the individual unit owner. The association’s rules and the applicable cantonal procedures determine whether a majority resolution is required before the association can pursue rectification.
Timely notification is one of the most critical, and most frequently mishandled, elements of construction defect law in Switzerland. The 2026 revision has added a specific procedural layer to an already demanding notification regime.
Where the ordering party opts to demand rectification, the amended CO requires that the contractor be given a written notice setting a deadline of at least 60 days to carry out the repair. The notice must describe the defect with sufficient precision for the contractor to assess the scope of work required. If no specific deadline is set, or if the deadline given is shorter than 60 days, early indications suggest that courts will treat the notice as defective and may require the ordering party to re-issue it, potentially delaying the entire claim.
Article 367 CO continues to impose a duty on the ordering party to inspect the work as soon as the ordinary course of business permits and to give notice of any defects without delay. For hidden defects that could not have been discovered during the initial inspection, notice must be given immediately upon discovery. Failing to inspect promptly or to notify within a reasonable time after discovery can result in the ordering party being deemed to have accepted the work, extinguishing all warranty rights, including the new right of rectification.
The general limitation period for defect claims on immovable works remains five years from handover. For movable works and smaller installations, the period is two years. The 2026 amendment did not alter these limitation periods, but it did clarify that issuing a rectification notice suspends the running of the limitation period for the duration of the repair deadline. If the contractor fails to rectify within the stipulated period, the limitation clock resumes from the day after the deadline expires.
The following is for guidance only, consult a lawyer before sending any formal notice.
[Your name and address]
[Contractor name and address]
[Date]
Re: Notice of construction defect, [Property address / project reference]
Dear [Contractor],
Following inspection of the above property on [date], I have identified the following defect(s): [describe each defect with location, nature and extent]. Pursuant to Article 368 CO (as amended), I hereby request that you carry out rectification of the defect(s) described above within 60 days of the date of this notice, at your expense. Should rectification not be completed within this period, I reserve all rights under the Code of Obligations, including the right to seek price reduction, self-help remedies and judicial enforcement.
Yours faithfully,
[Signature]
The following workflow applies to owners and buyers. Tenants should refer to the landlord-tenant section below for their specific procedure.
| Entity Type | Reporting Obligations and Notice Window | Typical Remedy Available |
|---|---|---|
| Buyer of new building (pre-purchase to 2 years) | Must inspect and notify; statutory 60-day notice applies for works contracts | Mandatory rectification in priority; price reduction or rescission if rectification is impossible or disproportionate |
| Owner (existing owner after handover) | Duty to inspect on handover; ordinary limitation rules apply (inspect and notify without delay) | Rectification, cost recovery from contractor, damages if contractor is liable |
| Tenant | Notify landlord promptly; emergency repair rules allow tenant to act where there is immediate danger | Rent reduction, tenant-ordered emergency repairs with cost recovery, landlord’s obligation to remedy the defect |
While the substantive warranty rules are federal law, the cantonal courts that hear construction claims differ in their procedural requirements, timelines and local practice. The following examples illustrate how the same claim might proceed differently depending on where the property is located.
Claims are filed with the regional court (Regionalgericht). A mandatory conciliation attempt before the justice of the peace (Friedensrichter) is required for most disputes. For claims valued at CHF 30,000 or less, the simplified procedure under the Swiss Civil Procedure Code (CPC) applies, meaning lower court fees and relaxed formal requirements. In practice, Bern courts expect detailed documentation and will frequently order a judicial expert report at an early stage. Typical timelines from filing to first-instance judgment range from 12 to 18 months for contested matters.
The Tribunal de première instance hears civil construction disputes. Conciliation is likewise mandatory. The Jura judiciary operates in French, and all submissions, including expert reports, must be filed in French or accompanied by certified translations. Smaller claims benefit from the simplified procedure. Industry observers note that the Jura courts tend to rely heavily on court-appointed experts, and parties should budget both time and cost for this stage. Typical first-instance timelines are comparable to Bern, although the smaller case volume may allow slightly faster scheduling.
The Tribunal civil of the relevant district handles construction claims. As in Jura, proceedings are in French. Neuchâtel applies the same federal CPC rules, but local practice favours early mediation, and the conciliation authority will often actively encourage a settlement before issuing leave to proceed to full trial. For urgent defects posing safety risks, the tribunal des mesures provisionnelles can grant interim measures (provisional orders requiring the contractor to perform emergency repairs). Typical timelines are 10 to 16 months for first instance.
These cantonal examples are illustrative. Procedural requirements vary across Switzerland’s 26 cantons, and claimants should always seek advice from a lawyer admitted to the bar of the relevant canton.
Landlord and tenant defects in Switzerland are governed by Articles 256–259i CO, which operate independently of the works-contract warranty rules but intersect with them in practice.
A tenant who discovers a defect must notify the landlord in writing without delay. If the defect poses an immediate risk to health or safety, such as a failing structural element, a water ingress causing electrical hazards, or a non-functioning heating system in winter, the tenant may arrange emergency repairs and recover the reasonable cost from the landlord. This right exists even without the landlord’s prior consent, provided the tenant can demonstrate that the urgency precluded waiting for the landlord to act.
Where the defect diminishes the property’s fitness for its intended use but does not constitute an emergency, the tenant may demand a proportional rent reduction for the period during which the defect persists. The Federal Supreme Court has consistently held that the reduction must correspond to the objective impairment of use, not simply to the tenant’s subjective dissatisfaction. In practice, tenants should document the impact of the defect (photographs, temperature logs, engineer assessments) and apply for the reduction through the cantonal tenancy authority (Schlichtungsbehörde) before withholding rent unilaterally.
The 2026 rectification right strengthens the chain of accountability: landlords who have their own rectification claim against the original contractor are now expected to pursue it actively where the defect affects tenanted premises. The likely practical effect will be that tenants can point to the landlord’s statutory right of rectification as evidence that a repair is feasible and should be demanded rather than settled through a price reduction that does not actually fix the problem.
A well-documented file is the foundation of any successful construction defect claim procedure. The following evidence checklist covers the essentials:
Courts generally apportion expert costs to the losing party. However, during the proceedings the party requesting the expert report will usually be required to advance the costs. Parties should factor this into their budget from the outset.
Contractors facing rectification demands commonly raise several standard defences. Understanding them in advance allows claimants to prepare effective responses.
Anyone who has discovered, or suspects, a construction defect in a Swiss property should work through the following checklist without delay:
If you bought your property within five years of construction, your warranty rights are likely still intact, but you must act quickly to preserve them. For urgent guidance tailored to your situation, find a Swiss civil lawyer through the Global Law Experts directory.
This article was produced by Global Law Experts. For specialist advice on this topic, contact Nicolas Bloque at Etude Bloque, a member of the Global Law Experts network.
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