Changes in the Code of Obligations as of 1 January 2026
As of 1 January 2026, important amendments to the Code of Obligations (CO) will come into force, adopted by the Parliament and the Federal Council. The aim of the revision is to strengthen the rights of property owners in the event of defects and to enhance the protection of buyers and clients.
May I cut off branches that are encroaching on my property?
The origin of a dispute under neighbor law lies partly in the fact that plants, with their branches and roots, are not confined to the owner’s property but also extend onto the neighboring property.
Increase in utilization (privileged use) by issuing a design plan
A design plan is a plan that allows municipalities and private property owners to deviate from the usual building regulations in order to improve the design of an area. This plan must ensure that the area is well developed, well integrated into the existing transportation network and adapted to its surroundings. In the case of residential buildings, particular attention must be paid to good living conditions, a high quality of living and efficient use of energy.
Federal Court imposes an expiration date on building zones
Under current law, building zones must be planned for 15 years in advance. Zones that are planned too large must be reduced in size. Zoning out land is possible in principle, and compensation does not always have to be paid. It depends on whether an economically viable use of the land remains.
Easements “forever”?
A so-called “right to a view” is often asserted in construction projects. Although there is no statutory right to this, old civil law agreements (easements) in the land register could establish such a right. These agreements, which often made sense in the past, can block a construction project years later.
Duty to weigh up interests
With every construction project, it is necessary to carefully weigh up the various interests – this also applies to projects that appear unproblematic at first glance. Public interests such as landscape protection or energy supply often have to be weighed against each other.
Re-zonings
In the canton of Lucerne, numerous municipalities are obliged to reduce the size of their oversized building zones in order to meet the requirements of the revised Federal Spatial Planning Act. Landowners who have not realised any building projects therefore risk losing their ‘building status’.
No right to a view – so create security
In the context of building objections, objectors often assert a supposed ‘right to a view’. It would be nice – but there is no legal basis in public law. Has the legislator really ignored this frequent concern?
“A mobile phone base station is to be built next to my house. How can I oppose this?”
Very few people would be happy if a mobile phone base station were to be built next to their house. What you can do about it and what objections are possible under certain circumstances.
The neighbour is building
About 15,000 new residential buildings are built in Switzerland every year. This raises many questions and may also cause trouble, especially for those who live directly next to the construction site.