Current legal change: More protection for home buyers in the event of construction defects

On January 1, 2026, a significant legal reform will come into force in Switzerland that will provide lasting relief for property buyers in the event of construction defects and warranty issues. The revision of the Swiss Code of Obligations (CO) marks a paradigm shift in Swiss real estate law.

For years, acquiring property was a difficult starting point: anyone who built or bought a home was often on their own legally. Deadlines for notifying defects were extremely short, responsibilities unclear and going to court quickly became costly. With the introduction of the new articles 210a to 210c CO, this unsatisfactory situation has changed fundamentally.

The current legal situation: a minefield for buyers

According to the previous case law pursuant to Art. 201 CO, a defect had to be reported “immediately” – in practice interpreted as within a few days – otherwise all warranty claims were forfeited. This strict handling posed considerable problems for buyers.

Anyone who has ever experienced a flat roof leaking after moving in or cracks appearing in the façade when buying “off plan” knows the legal uncertainty: Who do you inform first? The seller? The general contractor? The architect? And who is really liable in the end?

The most important changes from 2026

1. extended notice period for defects: 60 days instead of “immediately”

According to the new Art. 210a para. 2 OR, buyers of new buildings or recently completed buildings now have 60 days to report any defects that are discovered – including those that only become apparent after moving in.

Our tip: The 60 days start to run from delivery or acceptance. Document the exact date and create a detailed acceptance report on handover.

2. prohibition of the assignment of warranty claims

Even more important than the extension of the deadline: According to Art. 210b CO, the seller or general contractor must be directly liable to the buyer for defects without assigning these rights to the buyer.

In concrete terms, this means that in future the buyer will no longer have to find out who is responsible for which defect in the jungle of subcontractors, tradesmen and suppliers and then take legal action against several parties in parallel.

3. warranty period remains at 5 years – discussion about extension

The statutory warranty period in accordance with Art. 210 CO remains five years from delivery of the work. An extension to ten years, as originally proposed by the Federal Council for elements such as façades, roofs or load-bearing structures, did not find a majority in parliament. The discussion was intensive, as defects often only become visible after 5-10 years, particularly in the case of components with a long service life (e.g. flat roofs, façade insulation).

What does this mean for real estate buyers?

1. check contracts carefully – timing is crucial

Contracts concluded before January 1, 2026 are still subject to the old rules in accordance with the previous provisions of the CO. Pay particular attention to purchase contracts signed at the end of 2025:

• Agreed notice periods for defects (should not be shorter than 60 days)

• Clauses on the assignment of warranty rights (ineffective in future)

• Warranty exclusions or limitations

• Regulations on acceptance and documentation

2. report defects in a documented and timely manner

The new deadline of 60 days creates room for maneuver, but is not a free pass for late action. Please note:

• Immediate preliminary notification:Inform immediately in case of visible defects

• Detailed documentation: take photos, videos, measurements

• Written notice of defects: Within 60 days by registered letter

• Technical expertise: Consult experts in case of uncertainty

• Deadline calendar: note the acceptance date and deadline for complaints

Our tip: Create a joint, mutually signed protocol with all visible defects at the time of acceptance.