From January 1, 2026, the review of the warranty right for defects in the Code of Obligations is in force. The main novelty is a single legal period of 60 days to notify the builder or seller of any defect, whether visible upon receipt of the work or discovered later. Previously, the law required notification of the defect "immediately", an elastic expression that in practice was usually interpreted as three to ten days, with the tenant or buyer eternally exposed to losing their rights for a minor delay.
The change is important because the deadline is now imperative. Any clause in a contract signed on or after January 1, 2026 that reduces those 60 days to the detriment of the buyer or owner is void. The same applies to the five-year statute of limitations in real estate construction, which cannot be shortened contractually either. And people who buy a new home or a building less than two years old from delivery now have a legal right to free repair, with conditions that the seller can no longer avoid with a standard clause.
For Spaniards who buy an apartment here, this is good news. Many Swiss contracts came with clauses that limited the seller's liability to such an extent that claiming a serious defect was almost a legal miracle. These clauses remain legal for the rest of the guarantee regime, but no longer for the points protected by the new law. If you signed a contract before 2026, the previous regime still applies, so it is worth checking the exact date before fighting with the promoter.
In practical terms, it is advisable to document everything that is seen from the handover of the keys: photos, videos, a technical visit with an expert if the operation is important. And put any claim in writing, ideally by certified letter, so that the 60 days do not become a matter of word against word. Switzerland doesn't forgive deadlines, but at least now you know what it is.