Buying a new build in Switzerland: what private buyers must check
- Simon Käslin
- May 19
- 8 min read
Updated: 16 hours ago
Buying a newly built home means taking possession of a finished product. This has real advantages: no years of planning, no daily construction decisions, no coordination with dozens of contractors. You buy something that is already built or almost finished and simply move in.
What many underestimate is that the less you plan yourself, the harder it is to assess whether what was built is what was ordered. Behind every new building lies a comprehensive set of contracts, including the purchase agreement, building specifications, plans, and buyer documentation. Keeping track of what is relevant and what actually applies is virtually impossible without expert knowledge. And anything that isn't identified or reported during handover remains the buyer's responsibility.
Table of contents
9. When is independent guidance worthwhile?
Is your handover coming up soon?
What is documented stays secured. Professional support is clearly worthwhile in relation to the purchase price.
1. What exactly are you buying?
When you buy a newly built home, in most cases you are acquiring a condominium or a single-family house that has been planned, developed, and built by a company. You are entering a project whose fundamental decisions have already been made: floor plan, choice of materials, construction, and building services.
Your influence is limited, but not nonexistent. Depending on the project stage and contract, you can choose materials, order special features, or make minor adjustments. Your choices must be documented in the contract and the building specifications. Anything discussed verbally is not legally binding in case of a dispute.
2. The contractual documents: Purchase agreement, building specifications, plans
When buying a newly built property, you typically sign several documents: a purchase contract, which includes a building specification and a series of plans. Often, this is supplemented by sampling protocols, selection lists, and a buyer's documentation.
The challenge: These documents together form the binding specifications. What is built must comply with them. But in practice, the documents are often not fully aligned. Plans show something that isn't mentioned in the building specifications. The building specifications describe a standard that is only referenced in general terms in the purchase contract. The brochure that was presented to you at the time of purchase, on the other hand, is not legally binding.
Those who don't know the hierarchy of legal positions risk losing their rights. A good rule of thumb: the building specifications take precedence over the brochure. The purchase agreement takes precedence over everything else, provided it is clearly worded.
3. Building specification: The most important and most frequently underestimated document
The building specifications define what must be built. They specify materials, qualities, manufacturers, surface finishes, layer structures, and building services standards. What is stated there is legally binding. What is not stated there is not.
In practice, building specifications are often deliberately or unintentionally vague. Phrases like "high-quality kitchen of your choice", "flooring according to sample" or "sanitary facilities at the contractor's discretion" sound good, but give the executing company considerable leeway.
Specifically, you should check: Are brand names or equivalent alternatives specified? Are room heights and layer constructions indicated? Is the energy standard defined? Are your optional extras explicitly listed? If the building specifications are vague, you should demand clarification before signing.
4. What is valid and what is not?
One of the most common uncertainties when buying a new build in Switzerland: There are many documents, and it is unclear what is decisive in case of doubt.
The order of precedence is generally: purchase contract before building specifications, before plans, before selection lists, and before brochures and visualizations. What is shown in the brochure or in the showroom is not legally binding for the seller unless explicitly stated in the contract documents.
A concrete example: The display kitchen seen during the viewing is only described in the building specifications as a "fitted kitchen according to selection." What exactly that means is unclear without a specific reference in the contract. Asking questions before buying is significantly cheaper than arguing about it afterward.
5. Is what has been built what was ordered?
This question is at the heart of every handover. And it's more difficult to answer than it sounds.
What is visible can be checked relatively easily: scratches in the parquet flooring, incorrectly installed doors, missing electrical outlets, damaged window sills. This is the part of the inspection that most buyers are familiar with.
What is much more difficult to ascertain is whether the materials actually installed match the agreed-upon building specifications. Whether the workmanship complies with applicable standards. Whether the construction details were executed according to the plans. Whether wall thicknesses, room heights, and layer compositions are correct.
This is precisely where the greatest risk lies. An undetected planning error, waterproofing that does not comply with the standards, a faulty facade connection: these issues don't become apparent on the day of handover, but rather two or five years later when the damage becomes visible. At that point, proving the problem is difficult and repairs are expensive.
6. What rights do you have as a buyer in case of defects?
Provided that the law governing contracts for work and services applies to your purchase, which should be the case if the contract is correctly drafted, you are entitled to the following rights:
Rectification: The contractor is obligated to rectify properly reported defects at its own expense. This is the most common and usually the most sensible approach.
Price reduction: If the repair would be disproportionate or the defect cannot be completely remedied, the purchase price can be reduced accordingly.
Rescission: In cases of serious defects that render the object essentially unusable, the contract can be rescinded. This is a drastic measure and is rarely used, but it exists.
Damages: In the case of defects caused by negligence, further damages can be claimed in addition to the rectification of the defects, such as rental costs in the event of delayed handover or consequential damages due to undetected construction defects.
Right of retention: Until a recognized defect is remedied, a reasonable part of the remaining payment may be withheld.
These rights are contingent upon defects being reported in writing and within the specified timeframe. Visible defects must be documented during the acceptance inspection. Hidden defects must be reported in writing immediately upon discovery. Anything not reported is considered accepted.
7. Handover: The decisive moment
The handover of a newly built apartment or house is the most legally binding moment in the entire purchase process. From this day on, the warranty periods begin, the transfer of risk takes place, and any visible defects not recorded in the handover protocol are considered accepted.
What often happens in practice: Buyers are shown around the apartment, appliances are explained, and keys are handed over. Any defects are noted verbally. The inspection report is either pre-filled or very brief. And because the moment is emotionally charged, because they're happy that it's finally happening, they sign.
What is correct instead: Document every visible defect in writing and with a photo in the report. Do not accept any verbal agreements. Only sign the report when it is complete. Refuse acceptance in the case of significant defects. And: do not conduct the acceptance inspection alone if you do not know what to look for.
A professional acceptance inspection doesn't just check what's visible. It compares the built structure with the building specifications, plans, and standards. It identifies execution errors that are not apparent to laypersons. And it ensures that the inspection report is complete and legally sound.
8. Documents: What you need to receive upon handover
An often overlooked part of the handover process is the documentation. Here is what you should receive at handover:
As-built drawings for all installations (electrical, plumbing, heating, ventilation) in their actually installed versions. Operating instructions for all appliances and technical systems. Warranty and maintenance documentation. Official final certificates (electrical inspection, fire safety, elevator). Energy performance certificate or any Minergie certificate. In the case of condominium ownership: the regulations and rules of use.
Anything missing should be recorded in the acceptance protocol, with clear deadlines for delivery.
9. When is independent guidance worthwhile?
When you buy a newly built property, you're taking over a building that was planned and constructed by professionals. The other party knows the project inside and out. As the buyer, you face this knowledge advantage alone at the handover.
An independent expert, representing your interests exclusively, compares the built structure with the agreed specifications, identifies deviations and defects on all three levels (visible, documentation-related, normative), and ensures that the acceptance protocol is complete.
Conclusion: Buying a new build in Switzerland does not end with the signature.
Signing the purchase agreement is the first step. The crucial one is the handover. Anyone who is well-prepared knows what they have ordered and only accepts what is actually correct.
10. Frequently Asked Questions about Buying a Newly Built Home
Which documents determine what must be built? When buying a newly constructed building, you typically sign a purchase agreement, which includes a building specification and a series of plans. Often, this is supplemented by sampling protocols, selection lists, and buyer documentation. These documents together form the binding specifications to which the built structure must conform. Anything discussed verbally is not legally binding in the event of a dispute.
In case of doubt, which takes precedence: the brochure or the contract? The general order of precedence is: purchase contract before building specifications, before plans, before selection lists, and before brochure and visualizations. What is shown in the brochure or in the showroom is not legally binding for the seller unless explicitly stated in the contract documents. Asking questions before buying is significantly cheaper than arguing afterward.
Why does the building specification deserve special attention? The building specification defines what must be built and specifies materials, qualities, manufacturers, finishes, layer structures, and building services standards. What is stated there is legally binding; what is not stated is not. Vague wording gives the contractor considerable leeway. Therefore, before signing, check whether manufacturers, ceiling heights, layer structures, energy standards, and your special features are specifically named.
What rights do I have if defects occur? If the law governing contracts for work and services applies to your purchase, you are entitled to rectification, price reduction, rescission of the contract, damages, and a right of retention. Rectification at the expense of the executing company is the most common and usually the most sensible course of action. All of these rights require that defects be reported in writing and within the prescribed time limit. Anything not reported is considered accepted.
What happens legally on the day of handover? The handover is the most legally binding moment in the entire purchase process. From this day forward, warranty periods begin, the transfer of risk takes place, and any visible defects not noted in the handover protocol are considered accepted. Therefore, document every visible defect in writing and with photos in the handover protocol, do not accept any verbal agreements, and only sign once the protocol is complete.
What documentation is required for the handover of keys? This includes as-built drawings for all installations in their actual configuration, operating manuals for all devices and technical systems, as well as warranty and maintenance documents. Also required are the official final certificates, the energy performance certificate or any Minergie certificate, and, in the case of condominium ownership, the regulations and rules of use. Any missing items should be noted in the handover protocol, along with clear deadlines for their delivery.
Is your handover coming up soon?
What is documented stays secured. Professional support is clearly worthwhile in relation to the purchase price.
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