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ARTICLE · 09 JANUARY 2026

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Partial Revision Of Defect Warranty Rights

Schellenberg Wittmer Ltd
Schellenberg Wittmer Ltd
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Schellenberg Wittmer Ltd

Schellenberg Wittmer Ltd

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On 1 January 2026, the partial revision of the Swiss Code of Obligations provisions governing warranty rights under sales contracts and contracts for works entered into force.

SwitzerlandReal Estate and Construction
Katherine Bell
Katherine Bell
Sebastian Coulon Bauer
Sebastian Coulon Bauer
Moritz Benjamin Kocher, LL.M.
Moritz Benjamin Kocher, LL.M.
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On 1 January 2026, the partial revision of the Swiss Code of Obligations provisions governing warranty rights under sales contracts and contracts for works entered into force. The reform also introduced a significant amendment to the builders' lien (Bauhandwerkerpfandrecht) under the Swiss Civil Code. Overall, the revision is intended to strengthen the protection of buyers and building owners/employers in the event of defects and brings material changes for companies operating in the construction sector.

New notice period for defects

A key feature of the revision is that it partially departs from the requirement for buyers and employers to notify defects immediately. Under the revised law, a statutory 60-day notice period now applies to both visible and hidden defects in the following cases:

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