What are the risks of unsanitary housing for health and safety? Discover how to detect an unfit dwelling and whom to contact.
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Although these terms are often used interchangeably, there are important nuances:
Unsanitary housing: This presents a danger to the health and safety of its occupants. Unsanitary conditions are characterised by proven risks, such as the presence of mould, a pest infestation, defective electrical installations, a lack of ventilation and so on. The focus is on health and safety risks.
Substandard housing: This refers to a house or flat that does not meet the minimum standards of decency. It may show signs of being unsanitary, but also other defects that make it unfit for habitation, such as insufficient living space, the absence of a toilet or bathroom, severe energy precariousness and so on. The concept of indignity encompasses unsanitary conditions but goes beyond them to consider decency and human dignity. A home can be substandard without necessarily being unsanitary (for example, if it is too small but clean and well maintained).
Housing in poor condition: This notion is broader and less precise. A home in poor condition may show maintenance defects, wear and tear, or outdated fixtures, without being unsanitary or substandard. For example, peeling paintwork, cracked tiling or an outdated kitchen can lead to a home being described as in 'poor condition', without it posing a danger to the health or safety of the occupants. A property in poor condition can become unsanitary or substandard if the problems are not addressed.
The classification of a home as unsanitary, substandard or in poor condition depends on the assessment of the competent authorities and on the criteria set by law.
A home is considered unsanitary when it poses risks to the health or safety of its occupants. These risks can be linked to various factors:
Here are a few situations that illustrate the risks unsanitary conditions pose to the health or safety of a property's occupants.
Case 1: significant mould due to untreated water ingress. Consequences: respiratory problems for tenants; obligation for the owner to carry out waterproofing works and to compensate tenants for the harm suffered.
Case 2: outdated and dangerous electrical installation. Consequences: fire risk; formal notice served on the owner by the authorities to bring the electrical installation up to standard; possible ban on letting the home until the works are carried out.
Case 3: presence of rats in the building due to a lack of hygiene. Consequences: health risks for tenants; obligation for the owner to call in a pest control firm and to put in place preventive measures.
Case 4: Absence of heating in winter. Consequences: complaint by tenants to the authorities; obligation for the owner to install a heating system compliant with standards; rent reduction until the problem is resolved.
An owner of an unsanitary home in Switzerland is exposed to various sanctions:
To avoid ending up in a situation where the property is unsanitary, the owner must:
Under Swiss tenancy law, every tenant has the right to live in a decent home. In the event of a dispute concerning the unsanitary nature of the home, the owner or landlord has every interest in:
Tenants can contact the Public Health Commission of the Canton of Neuchâtel, the Commission of the City of Lausanne or the Commission of the Municipality of Montreux. Do not hesitate to request information from your local municipal service.
In application of Article 93 of the Land Use Planning and Construction Act (LATC), the municipal regulations may prescribe periodic inspections. In Lausanne, for example, "the sanitary commission is appointed by the Municipality. It intervenes in particular when residence permits are issued or when a problem is reported to it in a building."
Sanitary standards are often thought to relate only to cleanliness and hygiene, but in reality they also cover the safety standards of a building. The commission can therefore require that measures be taken to ensure the safety of the occupants, such as the installation of guardrails, emergency exits or any other equipment deemed necessary for fire protection.
If your home needs renovation works to make it sanitary, EDIREX can help you. Our platform allows you to:
The sanitary state of a home is a legal obligation for the owner in Switzerland. Failure to meet these obligations can result in significant financial and legal consequences.
If in doubt, do not hesitate to call on professionals to support you in your steps. EDIREX connects you with qualified tradespeople to carry out the necessary works and ensure the sanitary state of your home.
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