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On 1.1.2026, important changes came into force in the Swiss Code of Obligations (OR) in sales law and work contract law:

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• Art. 219a OR has been added to the sales law: The deadline for reporting defects when buying land is now 60 days.
• In work contract law, Art. 367 (1bis) OR has been added: In the case of an immovable work, defects do not have to be reported “immediately” as before, but there is also a mandatory period of 60 days. The agreement on a shorter period is ineffective.
• In Art. 370 OR, defects in an immovable work that were not apparent during acceptance and proper inspection can be reported within 60 days of their discovery (“hidden defects”). The agreement on shorter deadlines is ineffective.

Because these changes are mandatory for the benefit of the buyer or the work ordering party, many sales and work contracts, which have so far declared SIA standard 118 (2013 edition) applicable, must be revised:

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• Article 179 (1) SIA Standard 118 states that defects discovered later than two years after acceptance must be reported “immediately”. This provision is no longer applicable as from 1.1.2026 because the 60-day period for filing a complaint takes precedence under Art. 370 OR.
• Art. 163 SIA standard 118 states that defects discovered two years after acceptance must be reported immediately. This provision is also no longer applicable because the work customer benefits from the 60-day notice period.

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