New Legal Regulation on Construction Defects: What Owners and Builders Need to Know Now - Qualicasa

About the job

On 1 January 2026, a significant change in construction contract law will come into force in Switzerland, strengthening the rights of builders and property buyers regarding construction defects. This reform is a response to the increasing problem of construction defects and the associated costs.

Construction Defects: A Growing Problem

Construction defects represent a considerable economic problem in Switzerland. According to a study by ETH Zurich commissioned by the Swiss Builders Association, they cause annual costs of around 1.6 billion Swiss francs, which corresponds to about 8% of construction investments in building construction. The most common defects concern the watertightness of the building envelope, especially in external walls, balconies, and roof structures, as well as inadequate thermal insulation and faulty building services installations.

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Causes for the Increase in Construction Defects

Several structural developments have contributed to the noticeable increase in the number and severity of construction defects in recent years and are likely to continue to do so:

• Shortage of skilled workers: According to forecasts, around 5,600 skilled workers could be missing in the construction industry by 2040 – this corresponds to about 16.6% of future personnel needs (Source: ingbp.ch, smartconext-bau.ch). The loss of experienced personnel endangers the quality of execution.
• Time and cost pressure: Tight schedules and strict budget constraints mean that construction projects must be realised faster and cheaper – often at the expense of care.
• More complex building regulations: The multitude of new legal requirements – for example in the areas of energy efficiency or fire protection – significantly increases the demands on planning and implementation.
• Insufficient quality controls: Systematic and independent control mechanisms are still lacking on many construction sites to detect and prevent defects early (Source: baumangel.ch, bauszene.ch).

Particularly alarming: Around 60% of defects occur during the execution phase, while only about 20% are caused during planning and 6% by construction management errors (Source: baumangel.ch).

New Legal Regulation from 2026

The increasing number and high costs of construction defects have prompted legislators to act. After intensive political discussions lasting more than three years, amendments to the Code of Obligations were adopted on 20 December 2024, which will come into force on 1 January 2026.

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The key changes at a glance:

Extended complaint period: The period for reporting defects in the purchase of land and in an immovable work is now 60 days from acceptance or discovery and cannot be shortened.

Non-waivable right to rectification: The free right to rectification of defects in buildings can no longer be contractually excluded.

Expanded scope of application: The right to rectification also applies in the case of the purchase of land with a building yet to be constructed or a building that was newly constructed less than two years before the sale.

Unalterable limitation period: The limitation period of 5 years cannot be changed to the detriment of the buyer or client.

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What Does This Mean for Owners?

For owners and builders, these changes mean stronger legal protection. They have more time to identify and assert defects and can rely on an indispensable right to rectification. However, this also requires increased attention and care during acceptance and monitoring of the construction process.

In particular, the new regulation that the 60-day complaint period also applies to open defects could lead to discussions in practice. The question arises as to how the burden of proof is regulated, especially for defects that only become visible after acceptance. A professional, detailed, and precisely recorded acceptance is therefore still immensely important.

SIA 118: Need for Adjustment?

The SIA standard 118, which is often used as a contractual basis in construction, currently provides a two-year complaint period for open defects. With the new legal regulation providing a 60-day complaint period, discrepancies between law and standard could arise. It remains to be seen whether and to what extent adjustments to SIA 118 will be made to harmonise it with the new Code of Obligations.

How Can Qualicasa Support?

Qualicasa supports owners with comprehensive services for construction quality assurance and ensures that construction defects are detected and avoided early. Through independent construction inspections, professional support during acceptance, and sound, practical advice, we ensure that construction projects are technically flawless and the interests of builders are safeguarded at all times.

The legal innovations regarding acceptance and defect rights offer owners more protection today – but they do not replace careful on-site quality checks. Our experience shows: Only through systematic, independent inspections can uncertainties be avoided and later disputes effectively prevented.

Qualicasa creates clarity, security, and trust – from the first groundbreaking to handover of keys. This ensures that owners can be confident their construction project meets current standards, remains sustainably valuable, and carries no hidden risks. Those who build on quality rely on the expertise of Qualicasa.

Further Information

Learn more about the legal regulation of construction defects: