The contractor is liable when the agreed construction quality or the quality customary in accordance with recognised rules of construction is not met. Unless otherwise agreed, the building owner generally has five years to assert defects in the work. For items or works not permanently affixed to the property, the period is only two years. The periods typically begin to run upon acceptance of the work. Defects discovered at acceptance must be notified immediately. Hidden defects must be notified immediately upon their discovery. Compliance with the deadlines is crucial and may be decisive for successfully enforcing one’s rights. It is essential to act quickly and to seek advice as early as possible.

The purchase agreement must be must be done as a public deed. In addition, ownership structures, land register entries, building permits, and potential encumbrances (such as personal servitudes, e.g., rights of way) must be carefully reviewed in advance. The condition of the land or buildings should also be examined without delay, as legal and factual warranties are generally largely excluded in property purchases, and the property is bought “as seen”. It must also be verified whether all taxes and charges relating to the property have been paid.

Contractual clauses specifying fixed deadlines, contractual penalties in the event of delay, and agreed duties for the site management are essential. Clear documentation throughout the construction process helps to secure claims in the event of a dispute.

Landlords can reduce their risks through clear tenancy agreements and rent deposits and/or guarantees. If payments are outstanding, the tenant must be given a written warning and a deadline for payment (at least 10 days, and for residential and commercial premises at least 30 days); if this deadline is not met, the landlord may terminate the tenancy (for residential and commercial premises with at least 30 days’ notice to the end of a month, otherwise with immediate effect), claim outstanding rent, and seek eviction through the courts. Early legal advice helps to ensure that deadlines are observed correctly and that claims are enforced efficiently.

The construction, alteration, and demolition of buildings and facilities require permission. As a rule, any new building, alteration, or extension project requires a building permit. Minor modifications (such as minor internal alterations) may be exempt or may be permitted if structures (e.g., tents) are erected only temporarily. Most cantons regulate exceptions to the obligation to obtain building permits in their planning and building legislation.