Construction Defects 60-Day Rule 2026

New Regulations from 2026: What's Changing?

Swiss construction law is undergoing an important change in 2026 regarding the handling of construction defects. The new rules primarily affect the notification period – the time within which a homeowner must report discovered defects.

Key Changes at a Glance

What Does the 60-Day Rule Mean?

The new 60-day rule means:

1. From discovery of the defect you have 60 days to report the defect in writing
2. The period begins as soon as you know or should know about the defect
3. If the deadline is missed, warranty claims can be forfeited

Important: Written Defect Notification

Verbal notification is not sufficient. You must document the defect in writing:

• By registered mail (recommended)
• By email with read receipt
• Through a construction protocol with signature

5-Year Warranty Period

The standardized warranty period is now uniformly 5 years. This period applies to:

• Visible defects (apparent at acceptance)
• Hidden defects (only recognizable later)
• All trades (structural work, finishing, building systems)

Period Start and End

Checklist: How to Handle Construction Defects

Step 1: Document the Defect

• [ ] Take photos with date
• [ ] Describe location and type of defect
• [ ] Note time of discovery
• [ ] Name witnesses (if available)

Step 2: Write Defect Notice

• [ ] Describe defect in detail
• [ ] Set deadline for repair (e.g., 30 days)
• [ ] Use written form
• [ ] Send by registered mail

Step 3: Follow-Up

• [ ] Keep confirmation
• [ ] Monitor deadline
• [ ] Contact legal protection if not repaired

Legal Protection for Homeowners

Construction defects can quickly lead to disputes. Legal protection insurance can help:

• Construction legal protection for disputes with tradespeople
• Contract legal protection for problems with general contractor
• Lawyer fees are covered
• Court costs are covered

Template: Defect Notice

Here's a template for a legally valid defect notice:

[Your Name and Address]
[Date]

By Registered Mail

[Company Name]
[Address]

Subject: Defect Notice – Construction Project [Address/Project]
Contract dated [Date] / Acceptance dated [Date]

Dear Sir or Madam,

I hereby notify you within the legal deadline of the following defect:

DESCRIPTION OF DEFECT:
- Location: [exact location]
- Type: [description of defect]
- Discovered on: [Date]
- Effects: [description]

PHOTO DOCUMENTATION:
See attachments (Photos 1-X dated [Date])

DEMAND:
I request that you repair the above-described defect professionally
and at no cost by no later than [Date + approx. 30 days].

Should the defect not be repaired within the deadline, I reserve
the right to take further legal action.

Kind regards,

[Signature]

Attachments:
- Photos (X pieces)
- Copy of construction contract
- Copy of acceptance protocol

Common Construction Defects and Warranty Periods

What to Do in Case of Dispute with the Contractor?

1. Hire an Expert

An independent construction expert can:

• Objectively assess the defect
• Determine the cause
• Estimate repair costs

2. Mediation Process

Before court proceedings, mediation may be sensible:

• Faster than court proceedings
• Cheaper than a lawsuit
• Amicable solution possible

3. Court Proceedings

As a last resort:

• File lawsuit
• Inform legal protection insurance
• Hire lawyer

FAQ

What Happens If I Miss the 60-Day Deadline?

If the deadline is missed, your warranty claims can be wholly or partially forfeited. The contractor can then refuse to repair the defects.

Does the Deadline Also Apply to Ongoing Projects?

The new rules apply to contracts concluded after the law takes effect. Existing contracts are subject to the previous law.

Can the Contractor Contractually Shorten the Warranty?

A reduction below 5 years is not permitted for consumer contracts. Different arrangements may be agreed upon for commercial contracts.

Do I Have to Repair Defects Myself and Claim Costs?

Generally, the contractor has the right to remedy the defect. Only if this fails or is refused can you have repairs done yourself and claim costs (substitute performance).

Tips for Homeowners

1. Carefully review acceptance protocol – Record all visible defects
2. Set calendar reminder – 5 years after acceptance (warranty expiration)
3. Keep documentation – Contracts, protocols, correspondence
4. Regular inspections – Annual walkthrough before warranty expires
5. Get legal protection – Advisable before construction begins

Conclusion

The new 60-day rule for defect notifications and the uniform 5-year warranty strengthen the position of homeowners – but only if deadlines are met.

Document discovered defects immediately and submit the defect notice on time. Legal protection insurance provides additional security in disputes.