Residential
Homeowners’ legal issues.
Neighbour’s tree blocking your view, poor-quality work from a tradesperson, or youngsters damaging your garden fence.
As a homeowner, you can be faced with a variety of legal issues. Below, we list the most common problems – and tips on how to resolve them efficiently.
Bought a house or apartment? Congratulations! Many things change when you become a homeowner, especially when it comes to legal matters. You now have more responsibility than ever before and will often be faced with legal matters and disputes. The situations that lead to legal disputes involving homeowners are the same every time. You suddenly have to deal with things such as contracts for work, construction law and neighbours’ rights.
But when you know where the stumbling blocks lie, there's a good chance you'll be able to avoid them completely. However, should you still run into problems, it’s important to know how and when to defend yourself. As a general rule: If involved in a dispute, seek the professional advice of a legal expert. Good legal protection insurance will not only provide you with financial support,. but also with tips and recommendations for avoiding problems that are based on a wealth of knowledge and expertise.
Your next-door neighbours want to build an extension and ignore the boundary lines to your property. Their oak tree has now grown so high that it’s blocking your windows. Or maybe they have loud parties and the smoke from their barbecue drifts into your bedroom? What starts off as a friendly complaint can end up in court.
The topic of boundary distances is extremely complicated and governed by many different articles and public planning laws. Ask a professional to explain what applies in your particular situation to you.
If you’re no longer prepared to put up with the emissions caused by your neighbours, the rules of neighbour law apply. In this case, you will need an expert to decide whether these emissions are excessive or not.
You can do whatever you like within your own four walls. But when it comes to green spaces, shared hallways or façades, the condominium homeowners’ association as a whole decides. You need to agree with others how maintenance, costs and obligations are to be handled. The legal bases this can be found, amongst others , in the Swiss Civil Code. It’s worth reading the condominium homeowners association’s articles and by-laws carefully, as they usually contain the answers to all the important questions.
The tiles in the bathroom are falling off the wall, the window won’t close properly and there are cracks in the plaster. Building or structural alteration work involves a number of tradespeople that are hired on the basis of a contract for work – either by you or the site manager. If you find defects, but opinions about them differ, you can have an expert opinion drawn up. Whenever possible, try to settle the case out of court. It will save you time, money and nerves.