Disputes with neighbours in Switzerland: what can I do?
Disputes with neighbours about noise, garden maintenance and construction are not uncommon. Comparis explains how best to proceed.
22.08.2024
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1. Disputes with the neighbours: what should I do?
Is your neighbour too loud? Does your tree encroach onto the neighbouring property? Regardless of the reasons for the dispute with your neighbours, you generally have these options:
| Seek contact with the neighbour | It’s often worth having a conversation to clear things up. Your neighbours may not even be aware that they’re too loud or that there’s another issue. Most of the time, disputes can be resolved 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 according to Art. 257f CO and abide by the house rules. In the event of disturbances beyond an acceptable level, you can demand a reduction in rent. Before you can do this, however, you have to submit a written complaint to the landlord. |
| Inform the police | In some cases, you can contact the local police. This includes:
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Change your housing situation and find another property
Once one dispute is settled, are you already onto the next one? Sometimes moving home is the only solution that will spare your nerves.
2. Taking legal action
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 | Plaintiff/accuser | Defendant/accused |
|---|---|---|---|
| Action under neighbourhood law (Art. 679 CC, Art. 684 et seq. CC) | Excessive noise, damage caused by excavation and construction | Owner or tenant | Owner of the neighbouring property |
| Right of ownership action (Art. 641 Para. 2 CC) | Direct interventions such as dumping construction waste on your property | Owner | Anyone |
| Action due to intrusion (Art. 928 CC) | Excessive noise or odours | Owner or tenant | Anyone |
| Action under tenancy law (Art. 259a CO) | Excessive noise or odours | Tenant | Landlord |
| Action under public law (various federal decrees) | Violation of cantonal building law | Anyone | Anyone |
| Criminal complaint (SCC) | Damage to property, theft | Anyone | Anyone |
What applies in the case of construction and landscaping projects?
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 no landslides can occur (Art. 685 Para.1 CC).
If you don’t agree with your neighbour’s construction application, you can submit an appeal against it.
Find out more about the options and formalities from your local authority.
You may keep fruit from branches that encroach from the neighbouring property onto your own (Art. 687 Para. 2 CC).
Anyone who erects hedges, fences or walls generally bears the construction and maintenance costs themselves.
The minimum clearance to the neighbouring property varies depending on the canton and commune.
If you wish to erect a boundary directly on the property line, you’ll need your neighbour’s consent. If consent is granted, the erected boundary is usually considered common property (Art. 670 CC). Unless otherwise agreed, maintenance costs must then be shared.
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 (IA CC) of your canton.
How high can buildings be overall – 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 commune.
If in doubt, contact the communal 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 usually impermissible and must be remedied at the neighbour’s request.
However, in most cantons, claims for remedy expire after a certain period of time – in the canton of Zurich, for example, after five years.
According to the relevant law (Art. 687 Para. 1 CC), you may cut back roots and branches if they protrude onto your property.
Conditions: you must have suffered damage – and your neighbour must have failed to remove the roots or branches within a reasonable period of time set by you.
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’ association | As a tenant, you’ll find support from the tenants’ association. It provides legal advice and helps you to enforce your right to the undisturbed use of the rental property (link only available in German). |
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| Swiss Homeowners’ Association | The Swiss Homeowners’ Association offers telephone legal advice on all aspects of home and land ownership. This includes 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 which improve the neighbours’ relationship. You can find a directory of mediators in your region through the Swiss Mediation Association (not available in English). |
This article was first published on 01.09.2013
