Construction defects in Geneva PPE: what are the buyer's remedies?

Buying an apartment in a co-ownership (PPE) in Geneva is often the investment of a lifetime. However, discovering defects after receiving the keys can turn this dream into a real ordeal.

As a buyer, it is crucial to understand that construction defects in Geneva are not inevitable, but situations governed by Swiss law.

Understanding the legal framework for construction defects

In Switzerland, the liability of builders is governed by the Code of Obligations (CO) and, very often, by the SIA 118 standard. When a structure has defects, the contractor or developer is required to guarantee the absence of defects affecting the use or value of the building.

These defects can be apparent, such as sloppy finishes, or hidden, such as waterproofing or thermal insulation problems that only reveal themselves after several months.

The legal warranty generally runs for a period of five years for fixed structures. It is imperative to note that the deadline for reporting a defect is strict: as soon as it is discovered, you must act without delay to avoid the forfeiture of your rights.

Key steps to report a defect

Responsiveness is your best ally. If you notice an anomaly, here is the procedure to follow:

• Document the defect precisely: take photos from several angles and write a detailed description.
• Establish a formal notice of defect: send a registered letter with acknowledgment of receipt to the developer or general contractor, specifying the nature of the disorder.
• Demand a repair: under Swiss law, you can request restoration, a price reduction, or, in extreme cases, the cancellation of the sale.
• Call in an expert: the intervention of an independent professional makes it possible to objectify the facts and build a solid technical file.

Why independent expertise is essential

Faced with a developer or a general contractor, the buyer is often in a position of weakness. Technical arguments can be complex and responsibilities diluted among the various trades.

Calling on an independent expert during acceptance or when discovering defects ensures that the proposed repairs comply with best practices and current standards.

An expert will know how to distinguish a simple aesthetic defect from a serious structural vice. They will also assist you in negotiations to prevent the developer from minimizing the extent of the necessary work.

How KERLINE SA supports you

At KERLINE SA, our mission is to exclusively protect the interests of the buyer. As a Project Management Assistance (AMO) office in Geneva, we intervene to secure every stage of your real estate project.

Whether it is for a rigorous inspection before the acceptance of the work or to assist you in managing disputes related to construction defects, we put our technical expertise at the service of your peace of mind. Do not face defects alone: contact us for an independent analysis and effective defense of your rights.