8 septembre 2025 | Publication
Strengthened protections for buyers in
the context of real estate sales and
construction contracts
8 septembre 2025 | Publication
Strengthened protections for buyers in
the context of real estate sales and
construction contracts
Ticino Management, September 2025 Edition Journal
A reform of the Swiss contractual law effective January 1, 2026, will strengthen protections for buyers in real estate sales and construction contracts. The law introduces a mandatory minimum period of 60 days for reporting defects in real estate and related works—an improvement over the previous requirement for immediate notification, which courts interpreted as within roughly seven days. This new period cannot be contractually shortened, and any clause attempting to limit or exclude the buyer’s right to free repair of defects will be invalid.
Additionally, the reform prohibits sellers of newly constructed properties from transferring all warranty claims solely to the buyer, a practice that previously forced buyers to pursue remedies directly against contractors they did not know. Buyers will now benefit from stronger, more direct rights and protections, ensuring easier and more effective recourse in the event of construction defects.
A reform of the Swiss contractual law effective January 1, 2026, will strengthen protections for buyers in real estate sales and construction contracts. The law introduces a mandatory minimum period of 60 days for reporting defects in real estate and related works—an improvement over the previous requirement for immediate notification, which courts interpreted as within roughly seven days. This new period cannot be contractually shortened, and any clause attempting to limit or exclude the buyer’s right to free repair of defects will be invalid.
Additionally, the reform prohibits sellers of newly constructed properties from transferring all warranty claims solely to the buyer, a practice that previously forced buyers to pursue remedies directly against contractors they did not know. Buyers will now benefit from stronger, more direct rights and protections, ensuring easier and more effective recourse in the event of construction defects.
