Construction and real estate
Burkhalter Attorneys at Law advises and represents property developers, contractors, architects, investors and public authorities on all aspects of construction, planning and real estate law in Switzerland (including ISOS) – from building permit applications and construction contracts to property acquisitions, disposals and management. We operate from Bern, Zurich and Lausanne and work in German, French and English.
What we do for you
Construction and real estate projects follow defined processes and strict deadlines. Legal questions therefore require swift, practical answers – ideally before problems arise. We understand how construction sites, planning authorities and investors operate, and our advice helps projects move forward.
Our advice covers in particular:
Private construction law
- Construction contracts under the Swiss Code of Obligations and SIA Standard 118; design-and-build and general contractor agreements
- Architect and engineer agreements (SIA 102/103); liability of construction managers and designers
- Defects claims: acceptance, notification of defects, rectification, price reduction and substitute performance
- Construction liens (contractors’ liens) – registration and defence
- Change-order management, extensions of construction time and cost overruns
- Construction disputes before state courts and arbitral tribunals
Public construction and planning law
- Building permit procedures: applications, objections, administrative appeals and judicial appeals
- Land-use planning, special land-use plans, design and development regulations
- Spatial planning law, building outside designated building zones, Second Homes Act
- Heritage protection (including ISOS), environmental and noise regulations, contaminated sites
- Advice to municipalities and public-sector developers, including public procurement law
Real estate law
- Acquisitions and disposals of property, investment properties and portfolios – directly or through property companies
- Legal due diligence: land register, easements, building rights, leases and contaminated sites
- Notarial authentication and registration in the land register
- Condominium ownership: establishment, regulations and disputes within owners’ associations
- Easements, building-right agreements and neighbour law
- Acquisitions by persons abroad (Lex Koller)
Residential and commercial tenancy law
- Commercial and residential leases: drafting, rent adjustments and termination
- Lease extensions, defects in leased premises and service charges
- Representation before conciliation authorities and courts
Sustainability law
- Green leases as an optimisation tool for well-managed property portfolios
- Re-use in everyday construction practice: private and public law aspects
- ISOS – direct application, for example when installing photovoltaic systems
- ESG compliance
How we support a construction project
Who we work for
- Private and institutional developers, real estate developers and investors
- Construction companies, entrepreneurs, design-and-build and general contractors
- Architecture and engineering firms
- Municipalities, cantons and public-sector developers
- Property owners, condominium owners’ associations, landlords and tenants
Why Burkhalter Attorneys at Law
- Industry knowledge: we speak the language of construction managers, designers and building authorities – not just the courts
- Experience with construction projects and real estate transactions in Switzerland
- Three offices, three languages: Bern, Zurich and Lausanne – for projects across language regions
- Tax and legal advice from one source: close cooperation with our Tax Law practice, particularly on real estate capital gains tax and property transfer tax
- Pragmatic: we seek solutions that move the project forward – litigation is a last resort, not the first step
Your contact persons
Frequently asked questions about construction and real estate law
Tradespeople and contractors who have supplied work and materials to a property may register a lien against it to secure their claims. Registration in the land register must take place within four months after completion of the work (Article 839 of the Swiss Civil Code). This creates a risk for owners even if they have already paid the general contractor.
Under SIA Standard 118, defects may be reported at any time during the two years following acceptance; after that, only hidden defects may be notified upon discovery. The limitation period is five years from acceptance. Without SIA 118, the Swiss Code of Obligations applies: defects must be notified immediately upon discovery. The standard incorporated into the construction contract is therefore crucial.
SIA Standard 118 is the most commonly used contractual standard for construction work in Switzerland. It governs performance, remuneration, acceptance, defects claims and warranty periods, and applies only if expressly incorporated into the construction contract. It differs materially from the Code of Obligations, including on the contractor’s right to remedy defects and notification deadlines.
Only to a limited extent. The Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller) generally requires a permit for residential property, which is rarely granted. Property used for commercial operations can generally be acquired without a permit. We assess in advance whether your proposed acquisition requires authorisation.
Fees depend on the scope and amount in dispute. We offer fixed fees or fee caps for reviewing construction contracts or lodging objections to building permits; litigation is billed at transparent hourly rates. We provide a fee estimate after an initial discussion.
Talk to us about your project. An initial consultation is without obligation – in Bern, Zurich, Lausanne or online.
