Renovating a rental apartment: Do I need permission?

Unless you are fortunate enough to move into a modern new-build apartment, you may feel tempted to upgrade your living space. Some prefer more colour, while others would like higher-quality flooring.

But what is actually allowed when it comes to renovating a rental apartment? As is often the case in tenancy law, there is no simple answer to this seemingly straightforward question. The legal framework governing renovations is rather basic. Article 260a of the Swiss Code of Obligations states: "The tenant may carry out renovations or alterations to the property only with the landlord’s written consent."

Renovating a rental apartment – what is allowed?

Based on this legal provision, a distinction must be made: certain decorative measures can be carried out without prior consultation. However, most changes to the rental property require prior approval from the landlord or property management. The scope of what is permitted without consent is therefore relatively limited.

Generally permitted without approval are purely furnishing and decorative measures, such as placing furniture, installing curtains, or mounting light fixtures, as well as minor adjustments (e.g. hanging pictures or lightweight shelves, including a reasonable number of drill holes), provided these can be removed without leaving a trace and do not damage the structure of the building or affect the intended use of the apartment.

When do I need permission?

As soon as a change goes beyond such minor measures, it is legally considered an alteration or renovation of the rental property. In such cases, the landlord’s consent is usually required.

It is important to note that the protection of property and the careful handling of the rental unit are given significant weight. Even if minor improvements are often unproblematic, the general rule applies: the landlord or property management may refuse consent without providing reasons.

Examples of changes requiring approval

• Painting work, especially when using bold colours such as orange or blue
   
• Structural work such as converting or insulating the attic or other parts of the apartment
   
• Installing a new kitchen
   
• Adding or replacing household appliances such as a private washing machine or dishwasher (particularly due to water connections)
   
• Removing doors or knocking down walls
   
• Installing new bathroom tiles
   
• Replacing flooring, for example substituting carpet with self-installed parquet

Do I have to restore everything when moving out?

This largely depends on whether you obtained permission and what was agreed.

No obligation to restore

If the landlord approved the change and no obligation to restore was agreed, the alteration may generally remain.

Obligation to restore

• Approval with a restoration clause: the agreement explicitly requires the original condition to be reinstated upon moving out.
   
• No approval: if you made changes without consent, the landlord can generally require restoration of the original condition.

To avoid misunderstandings, it is advisable to clearly define in writing (at the time approval is granted) whether and to what extent restoration will be required.

Does the landlord contribute to the costs?

As a general rule, tenants bear the costs of any changes they make to the rental apartment. The landlord is not obliged to contribute.

The situation may differ if an approved alteration significantly increases the value of the property at the end of the tenancy. In such cases, the tenant may be entitled to appropriate compensation, often based on the current (depreciated) value. Important to note: in practice, it is often agreed that no compensation is owed despite approval of the changes – this is generally permissible under Swiss law.

This makes it all the more important to clarify in writing, before carrying out any work, whether and to what extent the landlord will contribute to the costs.