Disputes with neighbours in Switzerland: what can I do?

It‘s not uncommon to have conflicts with your neighbours. Typical points of contention include noise, odours, garden maintenance and construction projects. Comparis shows you how best to respond to squabbles.

Roman Heiz Foto
Roman Heiz

17.08.2023

Neighbours fight in the garden over the garden fence.

iStock / mothy20

1.Disputes with the neighbours: how should I react?
2.Take legal steps
3.Disputes with the neighbours: where can I find professional help?

1. Disputes with the neighbours: how should I react?

Is your neighbour too loud? Does your tree overhang in the neighbouring property? Regardless of the reasons for the dispute with your neighbours, in principle you have these options:

Try to make contact with the neighbour It’s often worth having a conversation to clear things up. Your neighbours may not even be aware that they are too loud or that there is another issue.

Most of the time, disputes can be settled quickly and peacefully in this way.
Notify your landlord Are you a tenant? In this case you can get in touch with your landlord.

The landlord must ensure that other tenants comply with the legal duty of consideration in accordance with Art. 257f OR and the house rules.

In the event of disruptions beyond the acceptable level, you can demand a reduction in rent. Before this, however, you have to submit a written complaint to the landlord.
Report to the police In case of excessive noise, disturbance of quiet periods, bad smells, illegal waste disposal or damage to property, you can contact the local police.

Depending on the canton or municipality, the culprit may be threatened with fines or, in the worst case, even prison.

Change your housing situation – find another property

Once one dispute is settled, are you already onto the next one? Sometimes moving house is the only solution that will spare your nerves.

2. Take legal steps

If there are ongoing disputes, legal action may be required. Several public and civil legal texts may apply to disputes between neighbours. The following table shows examples of which law applies in which case.

Nature of the complaint Example Claimant/accuser Defendant/accused
Action under neighbourhood rights (Art. 679 ZGBArt. 684 ff. ZGB) Excessive noise, damage caused by excavation and construction Owner or tenant Owner of the neighbouring property
Freedom of ownership action (Art. 641 para. 2 ZGB) Direct interventions such as dumping construction waste on your property Owner Everyone
Action for trespass (Art. 928 ZGB) Excessive noise or odours Owner or tenant Everyone
Action under tenancy law (Art. 259a OR) Excessive noise or odours Tenants Landlords
Public law action (various decrees of the Swiss Confederation) Violation of the Cantonal Building Law Everyone Everyone
Criminal complaint (Swiss Criminal Code) Damage to property, theft Everyone Everyone

What applies to construction projects and landscaping?

Disputes between neighbours often arise because of construction projects or a lack of garden maintenance. Find out what you need to know.

When building and excavating on your property, you must make sure that the neighbouring property is not damaged.

Example: construction sites on slopes must be well supported so that landslides cannot occur (Art. 685 para.1 ZGB).

If you do not agree with your neighbour's construction application, you can appeal against it.

Find out more about the options and formalities from your local authority.

You may keep fruits from branches that protrude from the neighbouring property onto your own (Art. 687 para. 2 ZGB).

Anyone who erects hedges, fences or walls generally bears the construction and maintenance costs themselves.

The minimum distances to the neighbouring property vary depending on the canton and municipality.

Anyone who erects the division directly on the property line requires their neighbour's consent. If consent is granted, the investment is usually understood as common property. Unless otherwise agreed, the maintenance costs shall then be borne jointly.

How tall can a plant be – and how close can it be to the property line?

You can find the answer to this in the Introductory Act to the Civil Code (EG ZGB) of your canton.

How high can buildings be in total – and how far away do they have to be from the property line?

You can find out in the planning and building laws of your canton, as well as in the building and zone regulations of your municipality.

If in doubt, contact the municipal authority directly.

You can find the exact boundaries of the property in the land register. New arrangements must also be entered there.

Boundary violations are not usually permissible and must be remedied if the neighbour so requires.

However, in most cantons, claims for removal expire after a certain period of time – in the canton of Zurich, for example, after five years.

According to Art. 687 para. 1 of the Swiss Civil Code, you may cut back roots and branches if they are on your property.

Prerequisites: you must have suffered damage, and you must give your neighbour a reasonable period of time to remove the roots or branches.

You are obliged to properly cut back the plant so that it is not unnecessarily damaged. You are allowed to keep the cut branches and roots.

3. Disputes with the neighbours: where can I find professional help?

Specialist centres can help you proceed appropriately and effectively in the event of a dispute with your neighbours.

You can find professional support here:

Tenants’ associations As a tenant, you will find support from the tenants’ association. It provides legal advice and helps you to enforce your right to undisturbed use of the rental property (link only available in German).
HEV Swiss Homeowners’ Association The Swiss Homeowners’ Association offers telephone-based legal advice on all aspects of home and land ownership, including disputes with neighbours (link only available in German).
Mediation If the dispute is complex and difficult, professional mediation is the way to go.

The aim is to find agreements that both parties involved in the conflict can accept and improve the neighbourly relationship.

You can find a directory of mediators in your region at the Swiss umbrella organisation Mediation SDM (not available in English).

This article was first published on 01.09.2013

This might also interest you

Finding an apartment in Switzerland: 12 useful tips

03.01.2023
Welcome! You are now logged in.
Go to user account