Building owner in Switzerland — role, rights and obligations
What is a builder? The definition
A building owner is the legally and economically responsible person for a construction project, whether for the development of a plot of land, a conversion, a change of use or the removal of a building. In the SIA 112 standard, the client is described as “the ultimate decision maker of a construction project. He can be a landowner and/or investor. He is the applicant in the required permit procedures.” A building owner can be both a natural person and a legal person (e.g. a property developer). The gender of the builder does not matter, as the term “builder” or “builder” is gender-independent.
If the client undertakes the planning and implementation of a building project, he remains legally and economically responsible despite the appointment of architects, client consultants or general contractors, unless it is a construction project with a property developer.
Rights and obligations of the builder
As a building owner, you have the right to select the people and companies involved in the construction and to contract out the work. The tasks of the client are governed by various laws and standards, including Art. 679 ZGB (liability arising from real property), Art. 58 OR (liability for work), Art. 41 OR (liability arising from tort) and SIA standards 101 and 112. The central obligations include:
- Organize a construction project: As a building owner, you are a project organizer and the ultimate decision maker. They define the goal of the construction project, the budget, the construction participants, deadlines, responsibilities and tasks. These details should be recorded in a project specification sheet.
- Apply for a building permit: Approval from the responsible building authority is required before construction begins. The building owner must submit the building permit application in full. If an architect does this task for you, you still remain responsible as the building owner.
- Safety on the construction site: The building owner is obliged to ensure safety on the construction site. This may also include the appointment of a safety officer.
- Check the completed structure: The building owner must check the building for defects (Art. 371 OR). Defects must be reported within the contractual period. Where appropriate, an expert should be consulted for the audit.
Deadline after OR:
- For immovable buildings, the period of complaint is 5 years after acceptance of the work
- However, any defect must be reported immediately after discovery, at the latest within 7 days.
Deadline in accordance with SIA standard 118 (if contractually agreed):
- After the building has been approved, the client can complain of defects at any time for 2 years.
- For hidden defects, the period of complaint is 5 years, but these must be reported within 7 days of discovery.
- A notice period of 10 years applies to intentionally concealed defects.
Exemption for property developers
Property developers, on the other hand, are companies that create and sell real estate on their own account. As a buyer, you have no right to decide or issue instructions about the construction project, even if you have already notarized the purchase of the finished work (house or apartment). The rights and obligations of a building owner lie with the developer. Your advantage is the reduced time required, as you do not have to worry about official requirements, construction processes and parties involved.
Overall, the client is decisive for the successful implementation of the construction project. He bears responsibility and makes decisions that significantly influence the course of construction and the end result.
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