No, it is not possible to object to all building permits. You need to have a specific interest to take action, which in construction is usually given when you are directly affected by the work provided for in a permit. This is often the case when you are a neighbor, more or less close, to a building covered by a permit. It is not necessary to be a direct neighbor. Rather, the right to object depends on how the building permit affects you.

In principle, building permits are subject to an official publication, precisely so that any opponents can be informed and have their say. They are therefore published officially, using methods that vary from canton to canton. In Geneva and Vaud, for example, building permits are published in the official "feuille d'avis". In Valais, they are published in the "official bulletin".

In some cantons, an objection or appeal must be lodged with the competent authority. This varies from canton to canton. In Geneva, the appeal authority is, in principle, the Administrative Court. In the cantons of Vaud and Valais, objections must be lodged with the municipality in which the construction is planned. In special cases, such as construction outside the building zone, other authorities may have jurisdiction.

In the event of a delay in a construction, the owner has the right to withdraw from the contract with the contractor responsible for the delay. However, the delay must be significant enough to jeopardize completion of the work by the contractual deadline. Thus, a simple delay that does not jeopardize the entire work schedule is not sufficient to terminate a contract. It is also necessary that the delay is not due to the owner himself.

If any defects are found during construction or on delivery, it is important to report them immediately to the company responsible. It is preferable to do this by registered or A+ mail for reasons of proof. There are then several possibilities, depending on the seriousness of the defects. If the defects are less severe, it is possible to ask the company responsible to carry out the necessary repairs or to reduce the price, while claiming damages. If the defects are so severe that the work delivered is unusable, it is possible to reject it and claim damages from the company responsible.

In case of unpaid invoices, it is always possible for a contractor to take legal action against the debtor. When it comes to construction, however, there is another option: the statutory mortgage for tradesmen and building contractors. Where possible, this offers an additional guarantee to the company requesting it, and increases the chances of being paid.

The statutory mortgage for tradesmen and building contractors is a legal mechanism that allows construction companies to register a pledge (a mortgage) on the property they have worked on when they are not paid.

The statutory mortgage for tradesmen and building contractors enables construction companies to obtain a guarantee on a building in the event of unpaid invoices. It gives them the right to sell the building on which the mortgage is registered and to be reimbursed from the sale price. It therefore increases the company's chances of being paid.

The decisive criterion for requesting the registration of a statutory mortgage for tradesmen and building contractors is to have supplied materials and work for the construction concerned. The mortgage can therefore be applied for by different companies such as earthmoving, masonry, plumbing, electrical, plastering and painting, heating, tiling, tinsmithing and roofing, carpentry and joinery companies.

The registration of a statutory mortgage for tradesmen and building contractors is carried out by a court. It is necessary to identify the competent judicial authority and submit a request for registration. You must then contact the Land Register to have the mortgage registered. It is absolutely essential to register the mortgage within 4 months of completion of the work, otherwise the right to registration is lost.

In the event of a construction dispute, it is often advisable to try to resolve the problem amicably at first. If this is not possible, then the competent legal authority should be contacted. In principle, construction disputes are initiated by means of a conciliation request. However, certain more direct procedures are common in construction law, such as the registration of a statutory mortgage for tradesmen and building contractors, or the request for future proof, which aims to safeguard certain evidence for subsequent proceedings.

The competent judicial authority for construction law is often the lower civil court. Such a court varies from canton to canton, and may also vary within a given canton, depending on the domicile of the parties. Some cantons also provide for different courts depending on the amount in dispute. In some cases, an administrative authority may have jurisdiction. This is the case, for example, with building permits. In view of the numerous jurisdictions potentially competent to deal with a construction law dispute, it is important to obtain detailed information, so as to address the correct authority.