Change in contract law: construction defects must be able to be claimed for much longer

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Nowadays, construction defects must be reported ‘immediately’, i.e. within a few days. Otherwise the rights to defects expire. Due to the change, defects must be reported at all times within a limitation period.

The fact that this deadline is far too short and difficult to meet was beyond dispute in the National Council, as was evident from the votes in the parliamentary group. However, council members did not fully agree on the details. For example, a minority around GLP national councilor Beat Flach (58) wanted the unlimited notice of defects to only apply to hidden defects, but not to ordinary defects that could have been discovered under normal acceptance. However, the council voted to withdraw both cases.

The National Council wants to go further than the Federal Council

With the unlimited option, the National Council wants to go further than the Federal Council, which had proposed a period of 60 days. In the National Council’s version, the builder or buyer of a property should be subject to an obligation to limit damage. This would still provide an incentive to report shortcomings as quickly as possible, as Commission spokeswoman Florence Brenzikofer (48, Green Party) explained. The Legal Committee of the National Council drafted the proposal.

In addition, the limitation period for purchasing land and building real estate should be extended from the current five to ten years. Here too, a minority around Flach disagreed. Ten years was too long, he thought. The longer the property sits idle, the harder it is to recognize whether it is an original defect or whether it is a result of wear and tear. Here too, the council spoke in favor of the expansion.

These new rules should also apply to installed items. The bill goes to the Council of States. (SDA)

Source:Blick