Warranty and warranty periods in Switzerland
- Simon Käslin
- Apr 29
- 14 min read
Updated: 1 hour ago
What applies after 2, 5 and 10 years
Summary
You've bought an apartment or house in Switzerland, are currently building one yourself, or have commissioned a renovation , and you're wondering: How long is the builder actually liable for defects? What happens if water damage appears after three years? And what do I need to do to ensure I don't lose my rights?
Many buyers and builders ask themselves these questions, often only after a problem has already arisen. This article clearly explains the applicable deadlines in Switzerland, what this means for you specifically, to whom you must report defects, and why the documentation is so crucial during the handover process . It is aimed at buyers of condominiums and houses, private builders with new construction projects, and anyone who has commissioned a conversion or renovation.
Table of contents
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1. What do warranty and guarantee mean in construction?
The terms guarantee and warranty are often used interchangeably. However, they refer to different things, and the difference is practically relevant.
Warranty is your legal right. It means that the builder is responsible for ensuring that the structure was built as contractually agreed. You automatically have this right, regardless of whether you bought a new building, built it yourself, or renovated it. It is enshrined in the Swiss Code of Obligations (OR) and always applies.
A guarantee is an additional commitment that can go beyond the legal requirements. In new construction in Switzerland, this often refers to the liability regulation according to SIA Standard 118. However, this only applies if it has been explicitly agreed upon in the contract.
Simply put: You always have the statutory warranty. The SIA 118 standard , with its detailed regulations, only applies if the contract explicitly states that it does. This applies equally to new builds, conversions, and renovations.
2. What legal principles govern warranty periods in Switzerland?
Two sets of rules apply to construction and works contracts in Switzerland.
Swiss Code of Obligations (CO), Articles 367 to 371
The Swiss Code of Obligations (OR) applies to all contracts for work and services, whether for new construction, renovations, or individual trades. It is mandatory law and cannot be contractually modified to your disadvantage. The most important points are:
Visible defects must be reported immediately upon acceptance, otherwise they are considered approved (Art. 367 OR)
Hidden defects must be reported immediately upon discovery (Art. 370 OR)
The limitation period for claims relating to defects in buildings is five years from acceptance (Art. 371 OR)
In cases of intentional concealment of a defect, a limitation period of ten years applies.
SIA Standard 118
SIA 118 is a private-law standard for construction contracts. It only applies if contractually agreed upon, which is frequently the case for new construction projects, but often not for conversions and minor renovations. The core of the standard:
Two-year period for complaints from the date of acceptance for defects that are apparent without special investigation.
Five-year warranty period for all other defects
Detailed regulations regarding preliminary acceptance, record keeping, and deadlines for rectification.
In practice, often more buyer-friendly than the OR alone
Order of precedence: The Swiss Code of Obligations (OR) always applies. Then comes the works contract. Then SIA 118, if agreed upon. Then the building specifications and plans. What the contract does not regulate falls back on the Swiss Code of Obligations.
3. What does your contract document say?
Many people underestimate this: Not only the law, but also your own contract documents determine what guarantees you have. And these vary greatly depending on the project.
Purchase agreement (when buying a condominium or house)
When buying an apartment or a turnkey house, the purchase contract is the key document. It can explicitly include or limit warranty claims. Typical clauses to pay attention to include:
Exclusion of SIA 118 in favor of the OR alone, which means shorter and less detailed deadlines.
Limitation of the rights to remedy defects to subsequent performance, which excludes price reduction or rescission of the contract.
Disclaimers for specific components, trades or equipment elements
Shorter deadlines for appliances, kitchen equipment or technical systems
Such clauses are not automatically invalid. What is contractually agreed upon and does not violate the Swiss Code of Obligations (OR) is generally valid. It is therefore advisable to carefully read the purchase contract before acceptance or to have it professionally reviewed.
Works contract and building description (for self-build or renovation)
For custom new builds or renovations with architects and individual contractors, there are contracts for work and services for each trade. The building specifications define what is to be delivered. Important to know:
Each contract for work and services can contain its own warranty provisions.
References to SIA standards in the contract are binding, even if they were not read in detail when signing.
The building specifications are crucial for proving what was agreed upon. Without them, it is almost impossible to prove whether something was carried out correctly.
Acceptance and handover protocol
The protocol documents the condition of the work at the time of acceptance. It is a key document for any subsequent claims. Defects listed in it are acknowledged and must be rectified. Defects not listed are considered accepted.
A report that simply states "acceptance passed, no defects" is worthless to you as the buyer after the fact. A good report includes all identified defects with a description, photos, and an agreed-upon deadline for rectification.
Plans
Construction plans are not just technical drawings. They define how the building is to be constructed. Anyone who doesn't have them present during the final inspection and doesn't check them won't know if the built structure matches the plans. Deviations that go unnoticed during the inspection are almost impossible to rectify later.
4. Against whom are you asserting defects?
This unsettles many buyers and builders. The answer depends on how your project is organized.
Purchase of a condominium or house from a developer or general contractor (GC)
When you buy an apartment or house from a general contractor or developer, you have a contract with that company. Your contractual partner is the general contractor or developer. Therefore, you address any claims for defects to them, not directly to individual subcontractors.
What happens behind the scenes: The general contractor (GC) has contracts with subcontractors. If you report a defect, the GC forwards the complaint internally. That's their job. You only communicate with the GC and don't need to worry about which subcontractor caused the problem.
Practical tip: Always submit your complaint in writing to the general contractor or developer with whom you have a contract. Do not send it directly to the painter, plumber, or construction company, unless you have a separate contract with them.
Individual new construction or renovation with architect and individual contractors
If you, as the client, have built or renovated directly with an architect and individual contractors, you have a separate contract with each contractor. In case of defects, contact the responsible contractor.
The challenge: You need to know which contractor is responsible for which area. In the case of water damage in the bathroom, this could be the plumber, the tiler, or the waterproofing specialist, depending on the cause. A professional assessment helps to correctly identify the cause and address the complaint to the right person.
In many cases, the architect takes on the role of construction manager and is the point of contact for questions and coordination. They forward any complaints about defects to the responsible contractors. Legally, however, you are the contractual partner of the individual contractors, not the architect. The architect is liable separately, namely for planning and supervision errors.
Conversions and renovations
The same principle applies to renovations. If you have hired a general contractor, communicate with the general contractor. If you have hired individual tradespeople directly, communicate with the respective tradespeople.
A common mistake in renovation projects is the lack of a written contract, relying solely on verbal agreements or quotes via email. In such cases, proving the exact terms of the agreement becomes difficult in the event of a dispute. Written contracts, clear project specifications, and a final inspection report are advisable even for minor renovations.
5. What happens after 2 years?
According to SIA 118, the period for reporting defects that were apparent without special inspection expires two years after acceptance. This means that defects that become visible within the first two years and are not reported within the specified timeframe can no longer be claimed thereafter.
Typical defects that occur within the first two years:
Cracks in walls and ceilings caused by settlement movements
Signs of dampness in the basement or lower ground floor
Malfunctions in technical systems (heating, ventilation, electrical)
Damage to surfaces due to faulty workmanship
Leaks at windows, doors or roof connections
Therefore, it makes sense to have the 2-year warranty inspection shortly before the end of this period. This provides the opportunity to systematically record all defects that have occurred up to that point and to report them in a timely manner.
6. What happens after 5 years?
The statutory limitation period under the Swiss Code of Obligations (Art. 371) expires after five years. This is the most important limitation period in Swiss construction law because it applies regardless of the contract, even if no SIA 118 standard has been agreed upon.
After five years, most claims against the manufacturer expire, including claims for rectification, price reduction, and damages. After this period, enforcing claims for defects is generally no longer possible.
Important: The five-year period begins with acceptance of the goods, not with the discovery of the defect. A defect discovered in the fourth year must be reported immediately upon discovery. Those who wait risk the period expiring.
Typical defects that only become apparent later:
Water damage caused by inadequate sealing on balconies, terraces or in the roof area
Mold growth due to thermal bridges or inadequate insulation
Structural damage due to faulty design details
Long-term moisture damage in the basement
Damage that only becomes visible after prolonged use or exposure to the elements.
The 5-year warranty acceptance test shortly before the expiry of this period is the last opportunity to assert such defects within the prescribed time limit.
7. What happens after 10 years?
Claims based on the intentional concealment of a defect also expire after ten years. This extended period applies if the manufacturer knew of a defect and deliberately failed to disclose it.
In practice, this deadline is relevant if, during subsequent renovations or alterations, it is discovered that a defect was already known before acceptance and was intentionally concealed. Proving this is difficult, but not impossible, especially if the contractor's records or internal documents are available.
In Switzerland, virtually all warranty claims against the contractor expire after ten years. From this point on, the responsibility for defects and repairs lies entirely with the owner.
time | What applies | Legal basis according to the article |
During the acceptance process | Visible defects must be noted immediately in the report, otherwise they will be considered approved. | Art. 367 OR |
Immediately upon discovery | Hidden defects must be reported immediately upon discovery. | Art. 370 OR |
2 years after acceptance | Time limit for reporting defects that are apparent without special investigation | SIA standard 118, if contractually agreed |
5 years after acceptance | Limitation period for defects in buildings and warranty period for all other defects | Art. 371 OR, supplemented by SIA Standard 118 |
10 years | Deadline in case of intentional concealment of a defect | Swiss Code of Obligations (CO) |
Rectification after complaint of defects | A reasonable deadline, in practice usually 30 days. | Contract for work and notice of defects |
This overview reflects the status as of 2026 and does not replace a contract review, because the deadline that applies to you depends on your purchase agreement or works contract and on the agreement to SIA 118.
8. What is the difference between visible and hidden defects?
This distinction is not merely theoretical. It determines which time limit applies and whether a claim is still enforceable.
Visible defects are those that are recognizable during a proper inspection upon acceptance. Examples include: scratches in the parquet flooring, faulty installation of floor coverings, damaged surfaces, missing or incorrectly positioned installations, and incorrect materials.
Visible defects must be noted immediately in the inspection report during the official acceptance process. Failure to do so will result in the loss of the claim.
Hidden defects are defects that were not apparent during the acceptance inspection and only become apparent later. Examples include: leaks behind wall coverings, faulty seals, construction defects, and mold growth.
Hidden defects must be reported immediately upon discovery, within the applicable warranty periods.
An important gray area: defects that would have been recognizable to an expert but not to a layperson. In case of dispute, the decisive factor is what a knowledgeable buyer could have identified. This is a frequent point of contention because the line is not always clear and an expert opinion is often required.
9. What is the formal form of a complaint?
A notice of defects is the formal notification to the manufacturer that a defect exists and should be rectified. To be legally valid, it must meet certain requirements.
An effective notice of defects contains:
Clear description of the defect according to location, type and extent
Reference to the contractual basis (contract for work and services, building description, plans)
Request for rectification within a reasonable timeframe (usually 30 days in practice)
Date of discovery, especially important in the case of hidden defects
Clear identification of sender and recipient
Shipping via registered mail or with documented proof of delivery
While not fundamentally excluded under the Swiss Code of Obligations (OR), an oral complaint is practically worthless. Anyone who makes an oral complaint and doesn't document it in writing has no basis for proof in the event of a dispute.
The complaint must be precise. General dissatisfaction or a vague indication of problems is not sufficient. The defect must be described so specifically that the complainant knows what needs to be rectified.
10. Why you can't prove anything without plans and building specifications
This is the point that is most often overlooked in practice.
To claim a defect means to make a comparison between the agreed-upon and actual condition. One must be able to demonstrate that the work does not correspond to what was contractually agreed upon. Without knowing and documenting the agreed-upon condition, this comparison is impossible.
Specific examples:
The living space is smaller than advertised. Without a floor plan showing dimensions, this discrepancy cannot be proven.
One material does not conform to the building specifications. Without the building specifications, the agreed standard cannot be verified.
A design detail is faulty. Without a construction plan, it is impossible to prove how it should have been executed.
A technical system is not installed according to standards. Without planning documents and knowledge of the standards, the deviation cannot be classified.
This applies not only to new buildings. The building specifications are also crucial for conversions and renovations. Anyone who doesn't have written building specifications or doesn't have them checked during the final inspection has little basis for later enforcing deviations.
That's precisely why reviewing plans and building specifications before and during acceptance is essential to ensuring that any subsequent claims are enforceable. raumwert plus therefore systematically covers all three levels of review during the acceptance process: on-site inspection, documentation and contract, and plans and construction.
11. What a complete acceptance documentation must contain
The acceptance documentation forms the basis for all subsequent claims. It should be complete and stored securely.
Documents you should receive upon acceptance:
Complete object documentation (plans, building description, diagrams)
Revision plans (as-built plans) for electrical, plumbing, heating and ventilation systems.
Operating instructions and warranty cards for all devices and technical systems
Maintenance documents and maintenance contracts
Authorization to occupy the property from the municipality
Official final certificates (electrical inspection, elevator inspection, fire protection)
Energy performance certificate documentation or Minergie certificate, if available
For condominium ownership: regulations and rules of use
Additional points to note:
Complete acceptance report with all noted defects, photos and deadlines for rectification.
Key log with number and type of keys transferred
Initial measurement of consumption values (electricity, water, heat)
Written confirmation of outstanding issues with deadlines
If documents are missing during the acceptance inspection, this should be recorded in the protocol with a clear deadline by which they must be submitted.
An individual warranty and maintenance document, summarizing all deadlines, rights, and recommended actions for ten years, helps maintain an overview and ensures no deadline is missed. raumwert plus creates such a document for every project it manages, based on the specific contract and legal requirements.
12. The 2-year and 5-year warranty purchase
These two deadlines are often forgotten in practice or considered unnecessary. In reality, they are the last opportunities to assert claims before they expire.
2-year warranty
Shortly before the end of the two-year warranty period according to SIA 118, the building is systematically inspected. The aim is to record all defects that have occurred in the first two years and have not yet been reported. Professional supervision is advisable because defects are often present at this time that a layperson cannot assess, such as fine cracks indicating settlement damage or initial signs of dampness that point to sealing problems.
5-year warranty purchase
The last formal opportunity to assert defects within the statutory limitation period. The inspection should take place a few months before the five-year period expires, so that in the event of defects, there is still enough time to submit the complaint in a timely manner and await a response from the manufacturer.
Anyone who actively plans and attends both appointments makes the most of the warranty periods in Switzerland and protects their claims right to the end.
13. What you should do now
If the handover inspection is still ahead of you:
Request all documents before the acceptance date (plans, building description, sample inspection reports)
Take your time and don't let yourself be pressured.
Report all visible defects directly in the report, nothing verbally.
Insist on the complete handover of all documents, revision plans and warranty documents.
Before acceptance, clarify who your contractual partner is and to whom complaints regarding defects should be addressed.
Actively plan for the 2-year and 5-year warranty purchases today.
If the acceptance inspection has already taken place:
Check that you have all the necessary documents.
Record any unusual observations continuously, including the date and a photo.
Report any defects in writing to the correct office immediately upon discovery.
Calculate when your 2- and 5-year deadlines expire and act in time.
14. Frequently Asked Questions about Warranty and Time Limits for Defects
Does SIA Standard 118 automatically apply to your construction contract? No. The Swiss Code of Obligations always applies, while SIA Standard 118 only applies if it has been explicitly agreed upon in the contract. This is frequently the case for new construction projects, but often not for conversions and minor renovations. The order of precedence is: Swiss Code of Obligations, then the construction contract, then SIA Standard 118 if agreed upon, then the building specifications and plans.
From what point does the five-year limitation period begin? The five-year limitation period under Art. 371 of the Swiss Code of Obligations (OR) begins with acceptance of the work, not with the discovery of the defect. A defect discovered in the fourth year must therefore be reported immediately upon discovery. After the five years have expired, most claims against the contractor become time-barred, including claims for rectification, price reduction, and damages.
When does the limitation period extend to ten years? The extended ten-year period applies if the manufacturer knew of a defect and deliberately failed to disclose it. Proving this is difficult, but not impossible, especially if the manufacturer's records or internal documents are available. After ten years, virtually all warranty claims against the manufacturer are time-barred.
What information must a valid notice of defects contain? A valid notice of defects clearly describes the defect by location, type, and extent, and refers to the contractual basis such as the works contract, building specifications, or plans. It includes a request for rectification within a reasonable timeframe, usually 30 days in practice, as well as the date of discovery and clear identification of the sender and recipient. Send the notice by registered mail or with documented proof of delivery.
What documents should you request during the handover inspection? Request the complete property documentation, including plans, building specifications, and diagrams, as well as the as-built drawings for electrical, plumbing, heating, and ventilation systems. Also required are operating manuals and warranty cards for all appliances, maintenance records, the occupancy permit from the municipality, and official final certificates. If any documents are missing during the handover inspection, note this in the report, setting a clear deadline for their delivery.
Why do you need plans and building specifications to enforce a claim for defects? Claiming a defect means making a comparison between the agreed-upon and actual condition. You must be able to demonstrate that the work does not correspond to what was contractually agreed upon. Without a floor plan with dimensions, without building specifications, or without execution plans, a deviation simply cannot be proven. This applies to new buildings as well as conversions and renovations.
What applies after 2, 5 and 10 years?
Knowing your rights allows you to assert them in a timely manner. A clear explanation provides clarity.
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