Warranties after building work: the Code of Obligations and the SIA 118 standard

Once the scaffolding is down and the last invoice has arrived, the question of warranties rarely comes up, until the day a damp patch appears or a tile lifts. Knowing in advance which rules to rely on, and which papers to keep, avoids a great deal of argument.

This guide sets out the general framework that applies in French-speaking Switzerland to building and renovation work: the contract for work and services under the Code of Obligations, the SIA 118 standard where it has been agreed, limitation periods and the statutory mortgage of tradespeople. It does not replace the advice of a lawyer for a specific situation.

Contracts for work in Geneva, Vaud or Valais: the legal basis (art. 363 ff. CO)

When you entrust work to a tradesperson or a company in return for payment, you are in principle entering into a contract for work and services, governed by articles 363 and following of the Code of Obligations. The contractor undertakes to deliver a piece of work; you, the client (the “maître d’ouvrage”), undertake to pay the price.

These rules apply to a small repair as much as to a full renovation, and to a sole owner as much as to a co-ownership. They apply throughout Switzerland, with no variation from one canton to another: Geneva, Vaud, Valais, Fribourg, Neuchâtel and Jura are all subject to the same federal law on this point.

What the Code provides is a minimum framework. The contract, the accepted quote and the signed general conditions may add to it, within the limits of the law. Hence the importance of reading what you sign before the work begins.

Inspecting the work and reporting defects (art. 367 and 370 CO)

As soon as the work is finished, the client must inspect it as soon as normal business practice allows, and report any defects found to the contractor. This is the subject of article 367. Article 370 sets out the consequence: work whose defects have not been reported in time may be considered accepted.

For defects that could not be seen during the inspection, known as hidden defects, the principle is to notify the contractor as soon as they are discovered, without waiting.

How to go about it in practice

• Go through the whole work in full daylight, with the list of services from the quote in front of you.
• Test whatever can be tested: opening of windows, water drainage, operation of sockets and light fittings.
• Photograph each fault with a general view and then a close-up.
• Write to the company, preferably by registered post, describing each defect precisely and asking for it to be put right.
• Keep a copy of the letter and proof of posting.

A spoken message or a remark made on site is hard to prove later. A dated, precise written record protects you.

What does the SIA 118 standard change for your work?

The SIA 118 standard is a set of general conditions for the execution of construction work, published by the Swiss society of engineers and architects. It is not a law. It applies to your project only if the contract refers to it, for example through a mention in the quote, the contract for work or the architect’s contract.

If it applies, it provides, among other things, for a formal acceptance of the work and a warranty period. During that period, defects found can be reported in accordance with the standard’s procedures, which differ in some respects from those of the Code of Obligations.

Three habits follow from this:

1. Look for the mention. Reread the quote, the contract and the appendices: is there a reference to the “SIA 118 standard” or to the “SIA general conditions”?
2. Do not assume it. A tradesperson saying “we work to SIA” is not enough: what counts is what is written in the signed document.
3. Check the warranty period provided. If one is mentioned, note the start date and the expiry date in your diary.

For a major project run with an architect, the reference to the standard often appears in the contracts: this is a point to have explained before signing. The same is true of a house construction project, where several trades are involved and acceptances multiply.

Acceptance and the report: the moment to prepare for

When the SIA 118 standard applies, acceptance of the work is a formal step: the client and the company examine the work together, and the outcome is recorded. Even where the standard does not apply, arranging an acceptance with a written report is good practice: you set a clear date for the end of the work and you list what remains to be put right.

A useful acceptance report contains:

• the date and place;
• the people present;
• the description of the work or the section being accepted;
• the list of defects found, with their location;
• the agreed time limit for correcting them;
• the signatures of both parties.

Do not sign a document you do not understand, and do not let it say “without reservation” if you have noticed a defect. If you want to add a reservation, write it before signing, not afterwards.

Five-year limitation period for work on immovable property (art. 371 CO)

Rights relating to defects are subject to limitation periods. For work on immovable property, article 371 of the Code of Obligations provides for a period of five years. This period runs in principle from the acceptance of the work.

A few points to keep in mind:

• This limitation period does not excuse you from notifying the company promptly: reporting a defect long after noticing it may weaken your position.
• The starting point of the period depends on acceptance. Hence the value of a dated report.
• Where several sections were accepted on different dates, each may have its own expiry date.
• Interrupting or extending a limitation period follows precise rules: if the date is approaching and a disagreement persists, consult a lawyer before the deadline.

In the case of an apartment renovation, the work is often divided between several companies (painting, flooring, kitchen, electrics). Keep a simple table showing, for each trade, the acceptance date and the date the five years expire.

The client’s rights in the event of a defect

Where a defect is established and reported in time, the Code of Obligations gives the client several options, depending on the seriousness of the defect: asking for it to be corrected, reducing the price, or, in the most serious cases, rejecting the work. The choice is not free in every case: the gravity of the defect and the circumstances matter.

In practice, the most effective approach remains a gradual one:

1. Report the defect in writing, with photos.
2. Give the company a reasonable time limit to act.
3. Check the correction and record it (new report, photos).
4. If nothing happens, obtain an independent technical opinion and then legal advice before withholding anything from an invoice.

Withholding part of the price on your own initiative without a solid basis can backfire. It is better to validate your approach with a lawyer or a consumer protection organisation.

The statutory mortgage of tradespeople: the other side of the warranty (art. 837 CC)

The warranty benefits the client, but the law also protects tradespeople. Article 837 of the Civil Code (CC) allows tradespeople and contractors who have supplied labour and materials for buildings or other works on a property to apply for the registration of a statutory mortgage on it, to secure their claim.

For an owner, this means that a disputed or unpaid invoice can lead to an entry in the land register. To avoid this situation:

• pay what is not disputed, on the agreed dates;
• in the event of a dispute over a defect, state clearly which point is being discussed and why;
• keep proof of every payment;
• if a tradesperson mentions an entry, do not ignore it: take advice without delay, as time limits apply.

The detailed rules (registration deadlines, conditions) are technical. For any specific case, contact a notary, a lawyer or your canton’s land registry.

The documents to keep, and for how long

Warranties are only worth something if you can prove them. Build up a file from day one, on paper or digitally:

• the signed quote and its appendices;
• the contract for work and, where relevant, the general conditions (including the reference to SIA 118);
• all invoices and proof of payment;
• the acceptance report;
• letters and emails about defects, with acknowledgements of receipt;
• dated photos before, during and after the work;
• the plans, technical data sheets and references of the materials installed.

Since the limitation period for work on immovable property is five years, keep this file at least as long, and preferably for as long as you own the property. It is useful when selling, when making an insurance claim or when starting new work in the same area.

What makes the cost of correcting a defect vary

A price cannot be given without knowing the situation. The cost of a repair depends on several factors:

• the nature and extent of the defect (one localised area or a whole section);
• accessibility: a defect behind a lining or under a floor means opening up and then closing again;
• the trades to be brought in;
• whether an expert assessment is needed to establish the cause;
• the materials to be replaced and their availability;
• the condition of the surroundings (protection, cleaning, repainting).

Only a quote prepared after an on-site inspection allows a figure to be put on it. If the original company will not redo its work, you can ask another company for an offer to document the scale of the problem.

When to call in a professional

Some situations justify not going it alone:

• a defect affecting the structure, waterproofing or safety;
• a disagreement over the cause (defect in the work, wear, misuse);
• a project run under an SIA standard whose clauses you do not fully grasp;
• a threat of registration of a statutory mortgage;
• a limitation deadline that is approaching.

In these cases, a building expert can draw up a technical report, and a lawyer or a tenants’ or homeowners’ association can guide you on what to do next. Check with the municipality or the competent cantonal department whether a permit or an inspection is involved in the corrective work.

Before starting new work: laying the foundations in the quote

The best time to think about warranties is before signing. When comparing offers:

1. Ask whether the quote refers to the SIA 118 standard and obtain the full text of the contract.
2. Check that the services, materials and stages are described precisely.
3. Agree on an acceptance with a written report, even for a small project.
4. Ask in writing for the contact details of someone to deal with complaints.
5. Compare several offers: a more precise description makes it easier to seek redress if there is a problem.

If your project is ready, you can request a quote: your request is passed on to tradespeople and companies in the region, who contact you to prepare a free, no-obligation quote. Use these exchanges to ask your questions about the contract, the acceptance and the warranty periods before choosing.