• Have you consulted the zone plans and the applicable by-laws on constructions in your future commune? Can the land you have chosen be built on according to your wishes?

• Is your land connected to water, electricity and gas? What about sewage disposal and access paths?

• Is your land subject to legal restrictions (for example easements)? Do any third parties benefit from a right of passage? The Land Registry Office will give you information.

• Is your future house subject to any prior commitments? Note that in the case of difficulties in paying the seller, companies and tradesmen can take out a mortgage on the land under construction. You can find information about this at the land registry.

• The ground must not be contaminated by substances presenting a risk to the environment. Ask the competent authorities for the public register of polluted and potentially contaminated sites.

• Think very carefully before choosing your architect. Request references, check work that the architect has already completed and inform yourself by talking directly with the owners.

• What are to be the architect’s responsibilities? Establish these responsibilities in a contract for the planning, costs and construction of the building.
  

Do a check on the owner

• Is your house well-insulated? Ask for a report from the cantonal office that deals with the environment and energy.
  
  
• Ask an expert to check that there is no seepage in the walls, because damp or cracks can be very expensive later on.
  
  
• Draw up a list of defects, if possible with the help of an impartial specialist. Send it rapidly, by registered post, to the general contractor or to the seller. This will be invaluable to you in the event of litigation. In principle, the defects must be eliminated immediately.

Choose security

• As contractor, you need to be covered by a civil responsibility insurance for contractors and an insurance for construction work, protecting you against bad work management, as well as against all damages.

• It is important to know that for contracts according to the standard SIA 118, you have a guarantee of 2 years to be counted from your acceptance of the building. Your rights arising from defects lapse after 5 years, and those relating to intentionally hidden defects after 10 years. Regarding contracts that are governed by article 371 of the Code of Obligations, the time limit to take legal action for defective work lapses after 5 years and is to be counted from the date of house acceptance.

• Are you buying land with a third party? According to the law, you have two possibilities: communal ownership or co-ownership. We recommend you consult a lawyer or a notary.

Sales contract

• Check to see if the costs for sewage disposal and other taxes have been paid. In the opposite case, your future commune can exercise a caution on the land.

• The way the transaction costs are dealt with vary from one canton to another. Normally, in agreement with the seller, it is possible to divide them between you and the seller.

• The seller takes responsibility for the capital gains tax. Check if the contract mentions a clause about this point. We advise you to agree with the seller in the contract, that you deduct an amount equivalent to the tax from the purchase price in the and that you pay this amount yourself to the fiscal office.

• In order to be valid, the sales contract must be established in an authentic form by a notary or by the Land Registry Office, depending on the canton.
  
• Has the seller handed over his guarantee rights, relating to the tradesmen and suppliers? If this is not the case, you should eventually renounce the costs, which are in fact covered by the guarantee.