Since January 1, 2026, the Swiss legal landscape has evolved to better protect project owners and property buyers. The construction law reform in Switzerland 2026, adopted by Parliament, introduces crucial changes in the management of construction defects, strengthening the position of those investing in real estate. This legislation brings much-needed clarity, replacing antiquated notification requirements with a streamlined process designed to protect the interests of private owners and investors alike.
A new 60-day notice period for defects
One of the major advancements concerns the deadline for reporting defects. Previously, the law required notification "without delay" after discovery, a concept often prone to litigation due to its subjective nature. Now, a legal 60-day period is established to notify apparent or hidden defects from the moment of their discovery or the delivery of the work. This measure provides increased legal certainty for owners, allowing them to accurately document issues before taking formal action, reducing the risk of procedural errors.
Right to repair and prohibition of exclusion clauses
The reform expressly enshrines the right to free repair of defects, both for construction contracts and the sale of new buildings. It is now prohibited to include clauses in contracts aimed at excluding this right or shortening the statutory notice period. This mandatory protection ensures that the contractor or seller cannot evade their obligation to deliver a compliant structure, thereby strengthening transparency in real estate transactions and preventing the use of unfair contractual terms that often penalized buyers in the past.
Impacts for condominium buyers in Geneva
For buyers of condominiums (PPE) in Geneva, these changes are particularly beneficial. Consider a scenario where you have just moved into a new luxury unit in the center of Geneva. Upon inspection, you discover an issue with the underfloor heating system or a structural irregularity in the floor finish. Under the previous regime, the stress of the 'immediate' notification rule often left buyers vulnerable. Today, you have 60 full days to consult with professionals, document the defect through technical assessments, and send a precise demand for repair. However, stay vigilant: while the law is on your side, the legal mechanics of construction liens and contractor payments remain complex. Coordination with a professional is essential to validate technical compliance and ensure your investment is protected from the start.
Checklist for owners
To navigate this new framework effectively, here are the essential steps to follow when taking possession of your property:
- Conduct a thorough and systematic inspection immediately upon receipt of the keys.
- Engage an independent technical expert to review common and private areas.
- Document every single defect with high-quality photographs and written reports.
- Send a formal notice of defects via registered mail within the 60-day window.
- Invoke the new Code of Obligations to demand free, timely repairs for all identified items.
- Avoid signing any documents that waive your rights to future claims.
- Maintain a secure file of all correspondence and agreements with the general contractor.
How KERLINE SA assists you
The complexity of real estate law requires specialized technical and legal expertise to ensure you are not taken advantage of during the delivery phase. At KERLINE SA, we act exclusively on behalf of the project owner, ensuring your interests remain our sole priority. Founded by Marc-Antoine Robbe, a member of SwissEngineering, our Geneva-based office assists you in managing your projects, from the final walkthrough to the resolution of punch-list items. We ensure your rights are upheld against contractors, integrating the requirements of the construction law reform in Switzerland 2026 to secure your investment with confidence.