Construction law reform in Switzerland what changes for tradespeople in 2026

The reform of construction law in Switzerland 2026 marks an important evolution for tradespeople, contractors, subcontractors, and companies active in the building sector. Starting from January 1, 2026, new rules strengthen the rights of clients and buyers in case of construction defects. For construction professionals, this reform imposes better contractual anticipation, more rigorous execution, and more precise management of claims after receipt.

One of the most significant changes concerns Article 368 of the Code of Obligations. It now provides for an imperative right to free repair when defects affect a new construction or a recently built building. In practice, this means that certain clauses that limited or excluded the client's right to obtain a repair will no longer be effective for the contracts concerned.

For a subcontractor, the obligations related to construction defects thus become a strategic issue. Even if the final client first addresses the general contractor, the developer, or the main contractor, warranty claims can then be directed back to the companies involved on the construction site. Masons, roofers, electricians, plumbers, carpenters, facade specialists, tilers, plasterers, or insulation specialists must therefore understand what is changing and adapt their practices.

Understanding the reform of construction law in Switzerland

The reform aims to strengthen the protection of clients and buyers faced with construction defects. It clarifies several rules that had significant practical importance in business contracts and real estate sales related to new constructions.

Identifying the main objective of the reform

The purpose of the reform is to give the client a stronger right when a defect appears after the receipt of a work. Previously, some contracts severely limited the client's options for action. From now on, the right to free repair becomes imperative in the situations provided by law.

For tradespeople, this means that after-sales service can no longer be treated as a mere secondary issue. The quality of execution, proof of compliance, and the ability to intervene quickly in case of a defect become central elements of business management.

Understanding the impact for construction professionals

The new rules do not only concern developers or large companies. They can also have consequences for tradespeople and subcontractors participating in new construction. A placement error, a waterproofing defect, a poorly executed installation, or a non-compliant finish can lead to a repair request.

When a main contractor has to correct a defect with the client, they may seek to turn against the subcontractor responsible for the affected lot. The tradesperson must therefore anticipate this risk in their contracts, insurance, and construction site organization.

What Article 368 CO Changes for Construction Defects

Article 368 CO is at the heart of the reform. It regulates the rights of the contractor when the delivered work has defects. The major novelty lies in the introduction of an imperative right to free repair for the affected constructions.

An Imperative Right to Free Repair

The contractor can demand that defects be repaired at no cost when the conditions set by law are met. This right can no longer be waived in advance by a contractual clause when the reform applies.

For the tradesperson, this implies increased vigilance. It is no longer sufficient to state in their general conditions that the warranty is limited or that certain rights of the client are excluded. A clause contrary to this imperative right may be considered ineffective.

A Rule Targeted at New or Recent Constructions

The reform particularly concerns new constructions and those recently erected. In this context, defects identified within two years following acceptance or related to a recent construction may entitle the client to free repair according to the applicable rules.

Tradespeople must therefore pay special attention to new housing sites, extensions, major transformations, condominiums, newly built individual houses, or works delivered under a contract.

An Application to Contracts Concluded from January 1, 2026

The new rules apply to contracts concluded from January 1, 2026. The contract date thus becomes an essential reference. A construction site carried out after this date, but based on a contract signed before, must be analyzed with caution.

To avoid confusion, tradespeople must correctly date their quotes, contracts, amendments, and acceptances. The documents must clearly determine which legal regime applies.

The Defect Notification Period: A New Rule to Integrate

The reform also modifies how defects must be announced. The notification period becomes clearer, which directly influences the management of claims by companies.

A 60-Day Period to Report Defects

The contractor now has a period of 60 days to report certain defects after their discovery or after delivery, depending on the situations concerned. This evolution replaces an immediate notification logic that could create uncertainties.

For tradespeople, this clearer period facilitates the reading of claims, but it may also increase the number of requests received in a legally more secure framework for the client.

A Claim to Be Processed Methodically

When a client reports a defect, the company must avoid vague responses. It is necessary to analyze the request, check the date of receipt, identify the relevant batch, assess the defect on-site if necessary, and document the exchanges.

Good complaint management helps limit conflicts. It can also prevent a minor issue from becoming a significant dispute.

Increased importance of reception reports

The reception of the construction site becomes an even more important moment. It allows for assessing the state of the work, listing reservations, and establishing the starting point for certain deadlines. A tradesperson working without clear reception takes on more risks.

Companies must therefore formalize the end of the construction site, have the necessary documents signed, and keep evidence of the work completed.

Which tradespeople are affected by the reform?

The reform concerns all actors involved in the realization of a construction project. Tradespeople should not think that it only targets large companies or developers.

Companies working directly with the contractor

A tradesperson who signs a contract directly with a client is on the front line. If a defect appears in the context of the relevant work, the client can request free rectification according to the new rules.

This situation particularly concerns companies involved in heavy renovation, construction, transformation, roofing, facades, exterior carpentry, heating, electricity, plumbing, masonry, or insulation.

Subcontractors working for a main contractor

A subcontractor does not always have a direct link with the contractor. However, they may be involved in internal recourse. If the main contractor must repair a defect caused by a subcontractor, they can request coverage or compensation.

The subcontracting tradesperson must therefore monitor their own contractual obligations. Warranty periods, conditions for receiving their batch, and recourse clauses must be carefully examined.

Companies active in new constructions

New constructions are particularly targeted by the reform. Companies involved in this type of project must strengthen their quality control. A hidden error may appear several months after delivery and lead to a request for rectification.

Technical lots are particularly sensitive: waterproofing, roofing, facades, heating, ventilation, plumbing, electricity, windows, insulation, and structure.

What defects can lead to a repair request?

A construction defect can take several forms. It may be apparent at reception or appear later. It can concern the quality of execution, compliance with the contract, or the expected performance of the work.

Defects visible at reception

Some defects are immediately noticeable: degraded finish, poorly installed element, difference from the quote, significant aesthetic defect, non-compliant equipment, or visible damage. These points must be noted upon receiving the construction site.

• misaligned tiling
• irregular painting
• poorly adjusted carpentry
• visible crack
• equipment installed in the wrong location
• finish different from what was planned

Hidden defects discovered after delivery

Other defects only reveal themselves after the building has been used. They can be more complex to analyze, as their origin may involve multiple trades.

• water infiltration
• sealing problem
• thermal bridge
• malfunction of a technical installation
• abnormal humidity
• ventilation defect
• premature degradation of a material

Defects related to coordination between trades

Some problems do not stem from a single tradesperson but from poor coordination. For example, insulation may perform well on paper but lose its effectiveness if the connections, ventilation, or carpentry are poorly coordinated.

In these situations, it is essential to document the limits of each lot and the responsibilities of each participant.

What are the consequences for subcontractors?

Subcontractors must be particularly attentive to the reform. Even when they do not sign with the end client, they can be involved in the chain of responsibility.

Increased risk of warranty claims

If a defect is attributable to the lot completed by a subcontractor, the main contractor can request repair or reimbursement of incurred costs. Subcontracting contracts must therefore be reviewed carefully.

A subcontractor must verify whether the warranty periods specified in their contract align with the commitments made by the main company to the contractor. A poorly managed discrepancy can create financial risk.

A necessity to prove proper execution

In the event of a dispute, the tradesperson must be able to demonstrate that they worked correctly. Construction site photos, intervention reports, technical sheets, minutes, written exchanges, and interim validations become important evidence.

A company that retains no documents finds itself in a fragile position when a defect is contested several months after delivery.

Subcontracting contracts to review

The warranty, acceptance, liability, insurance, deadlines, and recourse clauses must be updated. Tradespeople should avoid signing contracts that transfer overly broad or poorly defined obligations to them.

It is advisable to have contract templates reviewed by a specialist, especially for companies that regularly work on new construction sites or with general contractors.

How to adapt contracts in 2026?

The reform requires tradespeople to review their contractual documents. Old general conditions may contain clauses that have become inappropriate or ineffective.

Remove clauses incompatible with mandatory law

Clauses that exclude the right to free repair in situations covered by the reform should be avoided. They can create a false sense of security and weaken the business in case of a dispute.

A modern contract must take into account the new legal framework and clearly explain the obligations of each party.

Specify the exact scope of work

An imprecise quote or contract increases the risk of disputes. The tradesperson must detail the included services, exclusions, materials, reference standards, intervention limits, and execution conditions.

• precise description of the lot
• materials used
• expected performance
• excluded work
• site access conditions
• responsibilities of other parties involved
• acceptance procedures

Organize the acceptance of each lot

For a subcontractor, the acceptance of the lot is essential. It allows for the confirmation that the work has been delivered and accepted, with or without reservations. Without clear acceptance, deadlines and responsibilities can become difficult to determine.

Each tradesperson should provide a completion document, even for a partial lot.

How to strengthen quality control on the construction site?

The best way to limit disputes is to reduce the number of defects. The reform makes quality control even more important in construction businesses.

Implement intermediate controls

The most costly defects are often those discovered too late. An intermediate control allows for checking sensitive points before they are hidden by other work.

• waterproofing control before closure
• verification of insulation connections
• control of slopes and drainage
• testing of technical installations
• validation of supports before installation
• photos before covering

Train teams on critical points

Workers and team leaders must understand the consequences of a defect. A mistake that seems minor at the moment can lead to a costly repair request after acceptance.

Internal training helps to reinforce best practices, installation requirements, tolerances, controls to be performed, and documents to be kept.

Document site decisions

Changes requested by the client, architect, or main contractor must be confirmed in writing. A simple verbal agreement can be difficult to prove in case of disagreement.

A tradesperson must keep validations, plans, photos, technical sheets, and important exchanges. This documentation protects the business and facilitates the handling of claims.

Insurance and liabilities: what points to check?

The reform reinforces the importance of professional insurance. A claim for damages or a warranty claim can have significant costs, especially if multiple parties are involved.

Check professional liability

The professional liability must correspond to the activities actually performed. A tradesperson who carries out waterproofing, roofing, electricity, or heating must ensure that these services are covered by their contract.

It is also necessary to check the exclusions, deductibles, coverage limits, and deadlines for reporting claims.

Analyze coverage for defects and damages

Not all insurances cover defects in the work itself. Some cover damages caused to third parties but exclude the cost of redoing poorly executed work. This distinction is essential.

The tradesperson should ask their insurer what is covered in the event of a construction defect, consequential damage, claims from a main contractor, or claims after acceptance.

Update insurance certificates

Clients, architects, and general contractors may request an insurance certificate. An up-to-date certificate enhances the credibility of the business and facilitates access to major construction sites.

What reflexes to adopt in case of a claim?

When a defect is reported, the company must act quickly and methodically. A poor reaction can worsen the dispute.

Acknowledge receipt of the request

The first step is to respond to the client or contractor to confirm receipt of the claim. This response does not necessarily have to acknowledge liability. It should simply show that the company takes the request seriously.

Assess the defect before any decision

Before accepting or refusing a repair, the situation must be assessed. A site visit, photos, a report, or the intervention of an expert may be necessary depending on the severity of the problem.

Identify the source of the defect

The defect may originate from the tradesperson, another trade, a poor substrate, a modification requested by the client, or a design flaw. The analysis must therefore be factual.

Inform the insurer if necessary

If the claim may engage the company's liability, it is prudent to inform the insurer within the deadlines set by the contract. A late declaration can complicate coverage.

Errors to avoid with the 2026 reform

The new rules should not be underestimated. Tradespeople who continue to use old contract models or manage claims informally may expose themselves to risks.

Retain obsolete warranty clauses

General conditions that exclude the repair of defects too broadly may be inappropriate. They do not truly protect the business if they are contrary to the new mandatory rules.

Working without written acceptance

Acceptance is a central element for determining the state of the work and the starting point for certain deadlines. An informal acceptance creates uncertainties.

Neglecting site documents

Without proof, it becomes difficult to demonstrate proper execution. Photos, reports, validated plans, technical sheets, and written exchanges must be kept.

Ignoring recourse between contractors

A subcontractor may be involved even if the end client never contacts them directly. Internal recourse must be anticipated in contracts and insurance.

Responding too quickly without analysis

Immediately accepting responsibility or abruptly rejecting a claim can harm the business. It is essential to first analyze the facts, the contract, the acceptance date, and the origin of the defect.

How can subcontractors better protect themselves?

Subcontractors must adapt their organization to this new reality. Their goal is to limit defects, prove the quality of work, and manage potential recourse.

Clarify the limits of their scope

Each subcontractor must know precisely what falls within their intervention. The boundaries between scopes are often a source of conflict, particularly between insulation, windows, facade, roofing, ventilation, and waterproofing.

A clear contract reduces the risk of being held responsible for a defect caused by another party.

Request necessary information before intervention

The tradesperson must have access to plans, supports, technical specifications, and useful instructions. If they notice an inconsistency or a risk, they must report it in writing before proceeding.

Have important steps validated

For sensitive work, it is useful to have certain steps validated before covering or continuing the construction site. This validation can prevent later disputes.

How can ArtiBox help tradespeople secure their construction sites?

In a more demanding regulatory context, tradespeople must make themselves visible while demonstrating their seriousness. ArtiBox can help them structure their business presentation and access more qualified construction site requests.

Highlight an organized and reliable business

A tradesperson who showcases their insurance, references, specialties, and ability to provide clear documents inspires more trust. Clients and contractors seek professionals capable of working within a controlled framework.

Receive requests suited to their skills

ArtiBox allows tradespeople to position themselves on projects that match their trade. This connection is useful to avoid poorly suited or overly risky construction sites relative to the company's skills.

Enhance the quality of their business follow-up

A well-handled request from the start reduces the risks of misunderstanding. Detailed quote, precise description of the work, realistic deadlines, and clear conditions help better frame the relationship with the client.

Best practices to apply from 2026

The reform of construction law in Switzerland in 2026 must be integrated into the working habits of tradespeople. The best-prepared companies will be those that have adapted their contracts, site monitoring, and defect management.

Adopt a proactive approach

Do not wait for the first dispute to react. Tradespeople must check their quote templates, general conditions, subcontracting contracts, insurance, and acceptance procedures.

Essential actions to implement

Here are the best practices to remember:

• update contract templates and general conditions
• check warranty and repair clauses
• formalize the acceptance of the work
• document important stages of the construction site
• keep technical sheets and photos
• clarify the limits of each lot
• provide an internal procedure for handling complaints
• check professional liability coverage
• inform the insurer promptly in case of a serious claim
• train teams on the most common defects

FAQ – Reform of construction law Switzerland 2026

What changes does the construction law reform in Switzerland bring in 2026?

It strengthens the rights of the contractor and the buyer in case of construction defects. It notably introduces a mandatory right to free repair for the affected constructions and clarifies the notice period for defects.

When do the new rules apply?

The new rules apply to contracts concluded from January 1, 2026. The date of signing the contract is therefore an important element in determining the applicable regime.

What does article 368 CO provide?

Article 368 CO regulates the rights of the contractor in case of defects in the work. With the reform, it provides a mandatory right to free repair in situations related to the affected constructions.

Are subcontractors affected?

Yes. Even without a direct link to the contractor, a subcontractor may be involved in a warranty claim from the main company if the defect originates from their lot.

Can a tradesperson exclude free repair in their general conditions?

For situations covered by the new mandatory rules, a clause that excludes or limits the right to repair in advance may be ineffective. Tradespeople must therefore update their contractual conditions.

What deadline does the client have to report a defect?

The reform provides a notice period of 60 days in the relevant cases. This period must be taken into account in the management of complaints and warranties.

How can a tradesperson protect themselves?

He must formalize his contracts, document the work, organize the reception, verify his insurance, clarify the limits of his lot, and handle claims methodically.

Reform 2026, obligations of tradespeople and management of defects

The reform of construction law in Switzerland 2026 changes the way defects must be anticipated, repaired, and managed. The mandatory right to free repair strengthens the position of the contractor and limits the possibility of contractually excluding certain rights in the relevant situations.

For tradespeople and subcontractors, this evolution imposes better organization. Contracts must be updated, receptions formalized, evidence retained, and insurance verified. Companies involved in new or recent constructions must be particularly vigilant, as warranty claims can have a significant financial impact.

In this new framework, the construction law reform Switzerland 2026 and the obligations of subcontractors become essential topics to secure construction sites, limit disputes, and strengthen client trust. A well-prepared tradesperson protects their business, enhances their credibility, and works in safer conditions.