Handover of Construction Works in Switzerland: Identifying Defects and Protecting Your Rights (SIA 118, CO)

The delivery of a detached villa, a condominium apartment (PPE), or a major renovation represents the culmination of significant financial and personal commitments. Yet, the most decisive milestone on both legal and technical grounds remains the handover of construction works. Far from being a mere courtesy tour or a casual handover of keys, this procedure formally marks the client's acceptance of the works and initiates the running of statutory warranty periods.

In Geneva and across French-speaking Switzerland, many private buyers find themselves overwhelmed by the emotion of entering their newly completed property, often signing hasty handover reports or moving in without lodging formal reservations. Under Swiss construction law, any visible defect not documented during the inspection is deemed accepted, permanently extinguishing the owner's right to demand rectification. To navigate this critical stage with confidence, buyers must master the interplay between the Swiss Code of Obligations (CO), standard SIA 118 provisions, and methodical on-site inspection protocols.

Legal ramifications: risk transfer and statutory limitation periods

Legally, handover separates the construction phase from the building's operational life. Three key legal effects occur simultaneously upon completion:

• Transfer of risk: Until handover occurs, the contractor or developer bears the risk of accidental loss or damage to the building site. As soon as the protocol is signed or keys handed over, this burden shifts to the client. This is the exact moment when the owner's permanent building insurance must supersede builder's risk coverage.
• Maturity of the final payment: Delivery renders the final contract balance payable to contractors, subject to legitimate contractual or legal retentions applied for unresolved snags.
• Triggering of warranty and limitation periods: Deadlines for asserting defective work—notably the mandatory 5-year statutory limitation period for immovable structures under Article 371 CO—start ticking from this date.

Homeowners must beware of tacit acceptance: simply moving in, bringing in furniture, or paying the final invoice balance without registering written reservations may be construed by Swiss courts as tacit approval (Art. 370 para. 2 CO), effectively forfeiting claims for visible defects.

Swiss Code of Obligations vs SIA Standard 118: distinct frameworks

To safeguard your rights, identifying the exact contractual regime governing your project is paramount. Default provisions in the Swiss Code of Obligations differ substantially from SIA 118, which is frequently incorporated into Swiss general contractor agreements:

• The Swiss Code of Obligations (CO) regime: Under default statutory rules, the buyer has strict duties of prompt verification. Under current Swiss law on construction defects (Art. 367 et seq. CO), property owners benefit from an imperative 60-day notice period to notify defects upon discovery. Furthermore, statutory rules void advance contractual waivers that restrict or exclude a buyer's right to rectification in new buildings.
• SIA Standard 118: When explicitly incorporated into the contract, SIA 118 introduces an even more balanced mechanism. A formal completion notice issued by the contractor triggers a one-month window to convene a joint inspection (Art. 158 SIA 118). Crucially, SIA 118 provides an open two-year warranty period during which the client can report emerging defects at any time without forfeiture. Beyond this two-year period, latent defect rules apply until the 5-year limitation deadline is reached.

Nevertheless, leaving visible defects unrecorded during the formal walk-through remains dangerous: under both the CO and SIA standards, failing to record patent snags on day one severely compromises your legal leverage.

Categorizing defects: formal notice of defects

During the handover of construction works, a comprehensive inspection categorizes construction issues into distinct groups:

1. Apparent (patent) defects: Flaws identifiable through diligent visual examination without invasive tests (scratched glazing, cracked tiling, detached baseboards, missing silicone seals, malfunctioning motorized blinds). These must be comprehensively itemized in the formal protocol.
2. Hidden (latent) defects: Flaws unnoticeable on handover day (flawed thermal insulation evident only in winter, concealed pipe leaks, subterranean water seepage). These require immediate formal notice of defects as soon as discovered.
3. Substantial defects: Where the building exhibits defects so severe that it is unfit for occupancy or reasonably unacceptable (lack of hot water, safety and fire non-compliance, substantial deviations from permit blueprints), the client possesses the legal right to reject handover. In such instances, the contractor remains in default, and contractual delay liquidated damages continue to accrue.

Form matters immensely. Casual verbal remarks or text messages carry little legal weight. A valid notice of defects must be detailed, supported by photographic evidence, accurately mapped to the layout, and dispatched via registered mail.

Practical inspection checklist for property handover

Never attend a handover walk-through unprepared. Bring approved execution blueprints, the detailed technical specifications (CCTP), contract amendments, and basic diagnostic tools (laser meter, spirit level, electrical socket tester, powerful torchlight).

During your room-by-room examination, pay strict attention to:

• Joinery and interior fixtures: Test smooth operation of all doors and windows, acoustic and air seals, window glass surfaces for micro-scratches, and perimeter sealing.
• Finishes and floorings: Check floor screed levels, parquet transitions, alignment of ceramic wall tiles, paint consistency under raking light, and fidelity to chosen sample catalogs.
• HVAC and plumbing installations: Test water pressure across all outlets, inspect shower drainage gradients, check for leaks under vanity units and manifold cabinets, and verify mechanical ventilation draft with a test paper sheet.
• Electrical and home automation: Test every power outlet, wall switch, breaker panel labeling, residual current devices (RCD), and zone thermostats.
• Exterior zones and shared areas: Ensure balcony slopes channel water away from facades towards downpipes, check terrace water drains, and test communal access hardware and technical room doors.

Every observed issue must be formulated as a formal snag with an agreed completion deadline (typically 15 to 30 days) signed off by the contractor.

Secure your construction handover in Geneva with KERLINE SA

When facing seasoned property developers or general contractors, private buyers frequently suffer from technical and legal asymmetry. Reassuring statements minimizing hairline plaster cracks or promising informal touch-ups over the coming weeks are common pitfalls that frequently lead to costly disputes.

As an independent Client Representative (AMO) and Construction Management consultancy based in Geneva, KERLINE SA exclusively advocates for the property buyer or building owner. Founded by Marc-Antoine Robbe, an engineer and member of SwissEngineering, our firm operates free from developer and contractor conflicts of interest. During the handover of construction works, our specialists conduct rigorous technical audits, compile detailed minutes, safeguard your warranty rights under SIA 118 and the Swiss Code of Obligations, and track snag resolutions until your new home fully reflects the quality you contracted to receive.