Lawyer Construction Law

Typically, a construction law attorney charges between 250 and 450 Swiss Francs per hour. At GetYourLawyer, you can agree on a cost ceiling depending on the case, allowing you to keep costs under control at all times. The applicable laws vary by canton and sometimes even by municipality, which is why a construction law specialist from the region is sought after.

In the architect's contract, the property owner and architect define, among other things, the services and fees. Typically, a significant amount of money is involved, so it's worth involving a specialist construction law attorney during the preliminary project phase. For a small fee, they will review your contract and potentially save you lengthy legal disputes.

If you don't use the proceeds from the sale to purchase new real estate, your wealth usually increases, and consequently, your wealth tax may increase. Conversely, your taxable income decreases due to the elimination of imputed rental value.

When a property changes ownership, it's referred to as a real estate transfer in professional circles. For this process, all cantons charge a land registry fee. Additionally, most cantons – with exceptions: AG, GL, SH, SZ, UR, ZG, and ZH – levy a real estate transfer tax. This tax is typically paid by the buyer, while the land registry fee is often split evenly. It's best to specify the payment arrangement in the purchase contract.

The capital gains tax is imposed by the canton and usually paid by the seller. The amount varies from canton to canton. The calculation is based on the difference between the original purchase price of the property and the resale proceeds, as well as the duration of ownership. The longer you've owned a property, the lower the capital gains tax rate. Enhancing investments and sales costs can be deducted from the capital gains.

Construction law refers to a situation where a landowner allows a third party to build a property on their land. This breaks the principle that a building is part of the land, forming a unity with the ground. With construction law, you can own a house that stands on someone else's land. The legal maximum duration of construction law is 100 years, with residential buildings often granted construction rights for 50 years with the option to extend.

If the property is not fit for use, if standard technical norms and rules of construction are not observed, or if the agreed-upon terms in the contract are not met, a defect exists. In this case, you have the right to free rectification or a price reduction. A contractor is liable for five years for the delivered work. However, you must adhere to the notice periods: visible, obvious defects must be reported immediately – ideally during the handover of the work or the acceptance of the construction work. If there is no acceptance or if you fail to report immediately, you forfeit your rights to defects.

Hidden defects can still be reported later. However, you must do so immediately after discovery, within a period of 10 days. Often, the Swiss Society of Engineers and Architects (SIA) Norm 118 applies. In this case, you can report defects of any kind at any time during the two-year notification period. Hidden defects can be reported within a maximum period of five years, but you must also do so immediately after the expiration of the notification period. Note: SIA Norm 118 is more advantageous for you as a buyer or property owner, but it only applies if explicitly agreed upon.