Construction Law Reform: 9 Months Later, a Practical Guide for Buyers in Geneva

On January 1, 2026, Swiss construction law took a major step forward in protecting property buyers. Nine months into its implementation, the conclusion is clear: while the rights of project owners have been strengthened, procedural rigor remains the cornerstone of your security. As an expert in Project Management Assistance (AMO) in Geneva, KERLINE SA observes a necessary transition toward more formal construction site management.

The new 60-day notice period: a procedural revolution

Before 2026, the concept of "immediate" notice of defects created constant legal uncertainty. Now, the law establishes a 60-day period to notify defects discovered after delivery. However, be careful: this period does not mean you should wait to act. As soon as a non-conformity is discovered, responsiveness remains your best ally to avoid the forfeiture of your rights.

The mandatory right to free rectification

One of the major breakthroughs is the mandatory right to free rectification of defects for new buildings (or those completed less than two years ago). This right is now mandatory: no contractual clause can deprive you of it. If your developer attempts to insert a limiting clause into your property purchase contract, know that it is null and void. This is a fundamental protection for Geneva buyers against poor workmanship.

Checklist: Your reflexes in case of a defect

To ensure your claims are handled, follow this rigorous procedure:

• Document the defect with dated and precise photos.
• Draft a formal written notification (registered letter with acknowledgment of receipt).
• Explicitly refer to the articles of the revised Code of Obligations.
• Demand a reasonable deadline for the contractor's intervention.
• Keep a copy of all correspondence with the developer or contractor.

Common mistakes to avoid in 2026

The most common mistake remains notifying defects orally or via simple informal email. In the event of a dispute, proof of receipt of your claim is crucial. Similarly, do not confuse minor aesthetic defects with structural vices. Misclassification can delay resolution. Finally, never sign a handover report without having your reservations recorded, even if the developer assures you that "everything will be fixed quickly."

Legal mortgage and financial protection

The reform also highlights the importance of securing your payments. The legal mortgage of artisans and contractors remains a sensitive issue. As a buyer, ensure that payments are released only upon presentation of payment receipts or legal mortgage waivers. This financial vigilance is essential to avoid paying twice for the same services.

How KERLINE SA secures your project

Nine months after the reform came into effect, the role of the AMO is more relevant than ever. At KERLINE SA, we intervene to audit your property purchase contracts before signing, verify the compliance of work during handover inspections, and manage the resolution of reservations. We represent your interests exclusively to ensure that the 2026 reform is applied in your favor. Contact us for expert assistance in Geneva.