Huusli Logo A Guide to Buying Property in Switzerland

Part V: Defects & Warranty

Handling Defects and Guarantees

Even in well-built Swiss apartments, it’s normal for some defects to appear after handover — from scratched tiles to doors that no longer close properly once the building settles.
Understanding how to report and follow up on these issues will save you time and stress.

This chapter explains your rights, responsibilities, and typical procedures under Swiss law and SIA standards.

Under the Swiss Code of Obligations (Art. 367–371 CO), buyers are protected against construction defects for defined periods:

Defect Type Typical Example Warranty Duration
Visible defects Scratches, leaks, missing parts 2 years after handover
Hidden or structural defects Cracks, faulty waterproofing, electrical faults inside walls 5 years after handover

If your contract is based on SIA 118, these same time limits apply, but the procedure for notification and acceptance is more clearly defined.

The warranty period normally starts on the official handover date recorded in the signed acceptance protocol.

1.2 What Counts as a Defect

A defect means that the work does not conform to the contract, technical plans, or recognized standards (SIA norms and manufacturer specifications).

Common categories:

  • Execution defects: uneven floors, misaligned windows, leaks.
  • Functional defects: heating, ventilation, or electrical systems not working as intended.
  • Aesthetic defects: paint blemishes or chipped tiles — valid if they exceed normal tolerances.
  • Material defects: premature corrosion, swelling, or cracking due to poor materials.

Minor imperfections that fall within accepted tolerances (as per SIA 118/251 or SIA 414/5) usually do not qualify as defects.

1.3 How to Report Defects After Moving In

You must notify the developer or the warranty contact in writing as soon as a defect is discovered.

Step 1 — Document

  • Take clear photos or short videos.
  • Note location, date, and short description.
  • Keep copies of correspondence and handover documents.

Step 2 — Notify

Send a short, factual message or letter (email is acceptable if acknowledged).
Example wording:

Subject: Defect notification – Apartment B3, Bathroom leak

Dear [Developer / Property Manager],

During normal use, we noticed water leaking beneath the shower fitting.
Please arrange inspection and repair under warranty.

Best regards,
[Name, Address, Date]

If no reply within 10–14 days, follow up by registered letter (Einschreiben / recommandé).

Step 3 — Allow Repair

The developer chooses whether to repair or replace.
You cannot normally demand a price reduction before giving them a fair opportunity to fix the issue.

Always keep communication polite and written.
Verbal promises made on site are difficult to prove later.

1.4 Typical Timelines for Repairs

Type of Defect Expected Response Example
Urgent (safety / water damage) 24 – 48 hours burst pipe, failed heating
Operational (comfort) within 2 – 3 weeks door not closing, noisy fan
Aesthetic or minor next scheduled visit or within 1 – 2 months paint mark, small chip

Complex issues may require the developer to coordinate subcontractors, which can take longer.
Keep written records of all scheduled and completed visits.

1.5 If Repairs Are Delayed or Disputed

If the developer fails to act within a reasonable time:

  1. Send a written reminder setting a clear deadline (e.g. “Please complete repair by 30 April”).
  2. If still unresolved, you may:
    • Hire an independent expert (Bau- or Immobiliensachverständiger) to document the defect, or
    • Request assistance from the local conciliation authority (Schlichtungsbehörde Bauwesen), which can mediate.
  3. As a last resort, you may arrange the repair yourself and claim reimbursement — but only after giving written notice and deadline.

1.6 Financial and Guarantee Safeguards

Many developers or cantons require a warranty guarantee (Baugarantie / garantie de bâtiment), usually issued by a bank or insurer, covering the 5-year period.
It ensures funds are available if the developer becomes insolvent before defects are repaired.

Ask for:

  • The guarantee certificate (showing duration and beneficiary), and
  • Confirmation that it remains valid until final acceptance after five years.

1.7 Practical Checklist

✅ Keep a digital defect log with photos and status updates.
✅ Always confirm appointments and repairs in writing.
✅ Avoid altering or repairing defects yourself unless authorized.
✅ Store all correspondence for at least five years.

Even if your first list of defects was submitted at handover, continue updating it as new issues appear — especially after the first heating season or temperature changes.
Buildings “settle,” and minor cracks or material movements are common during the first year.