Construction defects: you now have 60 days to respond

A crack in the new tiling, a draughty window, a leak following roofing work: what should you do, and how soon? Until the end of 2025, the Swiss Code of Obligations required the owner to report a defect ‘immediately’, which often meant within a few days. Many owners lost their rights without realising it. Since 1 January 2026, the rules have been clearer and offer greater protection.

What has changed

1. A 60-day time limit for reporting a defect

The owner has 60 days to report a defect to the tradesperson or contractor. The time limit begins:

• upon acceptance of the work for a visible defect;
• on the day you discover it, in the case of a hidden defect (for example, a leak that becomes apparent after the first heavy rainfall).

A contract or general terms and conditions can no longer shorten this time limit. They can only extend it.

2. The right to a free repair can no longer be waived

Where the work relates to a building, you can always ask the contractor to repair the defect free of charge, provided the repair is possible and does not cost too much in relation to the building’s value. Any clause in the contract that removes this right is no longer valid.

If the contractor fails to carry out the repair within a reasonable time, you may have the work carried out by someone else at the contractor’s expense, without having to go to court.

3. Five years to take action, without exception

The five-year time limit for asserting your rights in respect of a construction defect remains unchanged, but the contract can no longer shorten it.

Who is affected?

• Contracts for building works (works contracts) relating to a building: renovation, construction, roofing, bathrooms, etc.
• The purchase of a new building, built or completed within two years prior to the sale, or yet to be built.
• Architects’ and engineers’ plans.

Please note: these rules apply to contracts signed on or after 1 January 2026. For contracts signed before this date, the old rules apply, and you must therefore report the defect immediately.

How should you report a defect properly?

1. Carry out a handover of the work with the tradesperson, and note down in a written report what is wrong.
2. Take dated photographs of the defect.
3. Write to the company by registered post or by email with acknowledgement of receipt: describe the defect, where it is located and when you discovered it.
4. Request that the fault be rectified and set a reasonable deadline.
5. Keep a copy of everything.

And what about tradespeople?

Building contractors must amend their contracts and terms and conditions: any clause that reduces the 60-day time limit, shortens the 5-year period or removes the right to free repairs is no longer valid for new contracts. This is also an opportunity to ensure that handover procedures are carried out properly, with a handover report signed by both parties.

This article provides general information and is not a substitute for legal advice. In the event of a dispute, consult a solicitor or a homeowners’ association.