Construction defects in Geneva condominiums: what are the buyer's remedies in 2026?

Buying a condominium (PPE) in Geneva is often the investment of a lifetime. However, discovering construction defects after receiving the keys can turn this dream into a nightmare. Since January 1, 2026, the Swiss legal landscape has evolved significantly to better protect buyers, making the management of construction defects in Geneva condominiums more accessible and secure.

A major reform for buyers

The revision of the Code of Obligations (CO), which came into force on January 1, 2026, marks a decisive turning point. Buyers now benefit from a legal right to the free rectification of construction defects.

Previously, this right often depended on contract terms or the SIA 118 standard. This legislative change (Art. 219a and 368 revCO) now imposes an obligation on the seller or contractor to repair defects, and contracts can no longer exclude this right or abusively shorten notice periods.

The new 60-day notice period for defects

One of the most significant changes concerns the notification period. The law now harmonizes the notice period for defects to 60 days, whether the defect is apparent or hidden.

This measure ends the uncertainty associated with the concept of "immediate" notice that previously prevailed. For the buyer, this means having a clear window to identify, document, and formally notify any defect to the company or developer. It is crucial not to miss this deadline, as you risk losing your warranty rights.

How to react to a construction defect?

When facing a defect, responsiveness and method are your best allies. Here are the steps to follow to secure your remedies:

• Document the defect precisely: take photos from multiple angles and write a detailed technical description.
• Notify in writing: always send your claim via registered mail with acknowledgment of receipt to keep legal proof.
• Consult an expert: an independent expert can help you qualify the defect and estimate the repair costs.
• Check warranties: ensure that any retention money or bank guarantees provided for in the contract are properly activated.

The role of an AMO in preventing disputes

The best defense against construction defects remains prevention. At KERLINE SA, we act as Project Management Assistance (AMO) to support Geneva buyers from the initial project or construction phase.

Our role is to monitor compliance, verify adherence to SIA standards, and ensure that finishes match contractual commitments. By intervening early, we often avoid costly and complex disputes, thereby ensuring the long-term value of your real estate investment in Geneva.