Construction and Property Law
Noctua Lex Avocats advises and assists individuals and professionals in all aspects of construction and real estate law. We handle construction contracts, defect management, disputes with developers and builders, as well as legal warranties for new and old properties.
Each case is handled with a view to securing your real estate projects and obtaining compensation in the event of a dispute.
FAQ on Construction and Property Law
The main sources are the contract, the Code of Obligations, the Civil Code, cantonal land use planning laws, and SIA standards, insofar as they apply to your contract. The lawyer analyzes the contract to ensure that the obligations of the builder, architect, and project owner are clearly defined, as well as deadlines, guarantees, and penalties for non-compliance.
In general, the municipality in which you wish to build your property will issue the building permit. However, projects of a certain scale require cantonal or even federal authorization. A lawyer will assist you in determining which authority is responsible.
Not necessarily—it depends on the nature and scope of the work. In Switzerland, any construction, conversion, or demolition work that could alter the appearance, structure, or use of a building generally requires a building permit issued by the municipality or canton. Minor work of negligible importance does not generally require a permit.
The lawyer advises you on the procedures for obtaining redress, demanding restoration, or claiming compensation, and on the legal deadlines for taking action.
In Switzerland, any project subject to public consultation (official posting of the construction project) may be opposed by neighbors or other interested parties.
This possibility is a right recognized by law, but it must be exercised in a well-founded manner and in good faith. Otherwise, your neighbor’s behavior could constitute a criminal offense, in particular attempted coercion and/or extortion, depending on the intended goals.
Document the facts and gather evidence. The lawyer can initiate amicable negotiations or legal action to defend your rights.
Legal guarantees cover compliance, soundness, and the absence of hidden defects. The lawyer verifies that these guarantees are respected and assists you in your efforts.
Draft clear contracts, involve a lawyer from the negotiation stage, check insurance policies and warranties, and document all stages of construction or purchase.