for more security and economic success

Today more than ever, entrepreneurs are required to market their company’s existing strengths and make the most of new opportunities to achieve success. The focus is clearly on the core business and the optimization potential here is often already exhausted. Further improvements can then only be achieved, if at all, with disproportionately high additional expenditure.

However, the situation is completely different when it comes to real estate issues. Issues such as maintenance, energy management or fleet management are usually neglected and seen as an annoying evil. Under these conditions, they can contribute very little to the economic success of the company. The result of this view is enormous inefficiency and liability risks.

However, more and more entrepreneurs are discovering this hidden “treasure” and improving their competitiveness through defined strategies and optimized structures, processes, competencies and systems in real estate management. On the one hand, they improve their overall economic efficiency and, on the other, they gain clarity about the existing liability risks of company management.

The penalties for administrative offenses are rather low, but the consequences under civil and criminal law in the event of a claim are much more painful.

The penalties can be very high, especially in the case of personal injury, and in the worst case can even threaten your livelihood.

Compliance with the legal conditions and requirements is therefore one of the elementary foundations for safe and legally compliant operation (in accordance with building regulations, labor law, spatial planning law, etc.). In the course of the building permit procedure, the requirements and effects of the company on the environment and neighbors with regard to noise, dust, odor or vibrations, among other things, are assessed by the building authority on the basis of the applicable laws and ordinances and corresponding specifications are defined in the building decision. Subsequent changes to the use, the building or the facilities may be subject to notification or approval, especially if this changes the use or the impact on third parties.

An environmental impact assessment (EIA) must also be carried out as part of the licensing procedure, particularly if environmentally hazardous substances are produced, used or stored in a business or are caused by fire. This examines whether the construction project complies with environmental protection regulations (in accordance with the Environmental Protection Act (USG) and the Environmental Impact Assessment Ordinance (UVPV)). As a result, further conditions may be imposed depending on the environmental impact. In the case of hazardous installations, the operator is obliged to draw up an accident prevention concept, a safety report and an emergency concept, to keep them up to date and to make them available to the authorities and the public. These risks are then taken into account by higher-level official measures (e.g. regional planning and zoning).

Waste management (in accordance with the Environmental Protection Act (USG), Waste Ordinance (VVEA), etc.) is also an important issue for industrial and commercial companies, especially when hazardous substances are generated as waste. Here it is crucial that the type, quantity, origin and whereabouts of the waste can be precisely traced. In order to fulfill the obligation to classify the waste in accordance with LVA. LVA and to define the correct waste codes (for hazardous goods also the hazardous goods classification), the creation of a waste concept (AK) is helpful. The advantage of the waste concept is, on the one hand, the clarity gained about the material flow in the company, clarifies the obligations to be complied with, clarifies the separation concept and, above all, serves to reduce costs by reducing the amount of waste and the hazardousness of the waste. When disposing of hazardous waste, it should also be noted that this may only be done with a VeVA consignment bill.

Another important issue in real estate is operator liability. The legal basis for this and plant owner liability lies in the Swiss Code of Obligations (Art. 58). These state that the owner/operator/manager of a property/building is responsible for preventing personal injury and damage to property and is causally liable or liable for damages. However, signs of wear and tear can become a danger to people and the environment through use and ageing. By regularly inspecting his properties, the operator gets a precise impression of the safety status and thus of his liability risk.

Another important issue with real estate is operator liability. The legal basis for this lies in the landowner liability from the Civil Code (see Art. 679 and in the “plant owner liability” (Code of Obligations – CO – Art. 58, VUV), according to which the owner/operator of a property/building is responsible for preventing personal injury and property damage. If a person is injured by the property, building or facility, the person responsible for the property (usually the managing director, owner, operations manager, etc.) is held accountable under criminal and civil law if they cannot prove that they did everything in their power to prevent the accident.

For this reason, the licensing and safety-related condition of the property/property should be inspected regularly and recurrently by experienced external experts (e.g. facility managers) for deviations and risks – the interval at which this is carried out depends on the degree of risk (probability of occurrence & severity of damage – these factors are primarily determined by the location, the age and condition of the building, the type and number of conversions, the number of people affected by the risk and the intensity of use) and should be

• for the first time shortly after completion
• shortly before the end of the warranty period and every 2 years thereafter
• From the age of 10, annual testing is recommended

In order to obtain a result that is as objective and clear as possible, you should ideally be accompanied by an external expert (e.g. facility manager).

Which systems require special attention in industrial and commercial enterprises?
The main topics here are fire protection, power supply, infrastructure and escape/evacuation. Here are the most important systems

Fire protection
The following fire protection systems must be subjected to an acceptance test or inspection by an accredited inspection body (in accordance with SN EN ISO/IEC 17020:2012) before commissioning and then periodically every 1 – 2 years (in addition to inspection, testing and maintenance):

• Fire alarm systems
• Fire controls
• Sprinkler systems
• Gas extinguishing systems
• Smoke and heat extraction systems
• Pressure ventilation
• Risers
• Object radio systems
• Electroacoustic emergency systems

Any defects found must be rectified immediately.

Fire alarm systems must be kept operational at all times (in accordance with ArG, ArGV, fire protection authorities, VKF Directive 20-15, SES Directive BMA, canton-specific regulations) and at least carry out visual and functional checks at least every 6 months and maintenance once a year. As part of the latter, the batteries are generally replaced every 4 years and the optical fire detectors every 8 years. In addition, the system must be inspected by an accredited inspection body for fire alarm systems when it is commissioned and then every 15 years (every 8 years if there is a particular risk to persons (see Fire Protection and Fire Service Ordinance)). After 15 years, the system must be assessed by a VKF-approved specialist company.

The water or foam extinguishing systems (sprinkler systems) installed in many buildings must be inspected regularly (at least once a week) by a trained person (sprinkler attendant) in accordance with VKF 19-15 and canton-specific regulations, they must be inspected regularly (at least once a week) by a trained person (sprinkler attendant). This mainly involves checking the function of the alarm system, water supply, water and compressed air pumps, alarm transmission and heaters. The system must be serviced and inspected annually (by a certified specialist company) and must also undergo a periodic inspection (by a recognized specialist company or accredited inspection body) every 3-5 years (depending on the risk group (according to type, use, height). Every 20 years, the system must undergo a general overhaul by a VKF-approved specialist company.

The gas extinguishing systems usually installed in data centers, data archives, switchgear, etc. (effect through oxygen displacement, heat extraction or chemical effects) require particularly intensive care, testing and maintenance (in accordance with VKF 18-03). As triggering can release a gas (e.g. CO², argon, inergen, chemical extinguishing agent) that is dangerous to humans (depending on the extinguishing gas used), the system requires comprehensive safety equipment (e.g. access protection, visual and acoustic alarm devices) and may only be operated by trained specialist personnel. The systems must be serviced and inspected periodically. The interval depends on the type of system and the type of rooms, areas and facilities to be protected.

Smoke and heat extraction systems (SHEVS) are often installed and connected to the fire alarm systems in order to reduce the risk of smoke obstructing the escape route in the event of a fire. Smoke extraction can be carried out thermally (e.g. openable skylight domes) or by a fan (pressurized ventilation). The systems must be inspected and maintained on an ongoing basis (in accordance with VKF 21-15). The interval depends on the type of system and the type of rooms, areas and facilities to be protected.

Fire extinguishers must be freely accessible at all times and must be serviced every 3 years by a certified expert (in accordance with VKF 18-15, LGVS), paying particular attention to the appropriate extinguishing agent depending on the extinguishing area and system (powder extinguishers make a lot of dirt and promote rust formation) – therefore foam and CO² extinguishers (ideal for electrical areas, caution in small rooms – risk of poisoning).

Electrical system
Electrical systems are the core of the energy supply, are crucial for the functioning of production facilities, communication and safety systems and therefore have top priority. Therefore, regular inspection of the distribution boards (e.g. by thermography), the recurring and documented system inspection (interval depends on the general conditions and the load) by a licensed specialist company. It makes sense (to maintain reliability and insurance cover) and is mandatory by law (according to the Low Voltage Installation Ordinance – NIV) – the interval depends on the type of use and potential risk (1 – 20 years possible).

Furthermore, UPS systems (uninterruptible power supply), emergency power systems (e.g. diesel generators), reactive current compensation systems, transformer stations or photovoltaic systems (with further testing and maintenance obligations for the operator) can also be part of the electrical system.

Escape/evacuation
In the case of escape routes, attention must be paid to keeping them clear, correct marking (in accordance with VKF 17-03d) using pictograms (must also be visible in the dark), ongoing inspection and annual maintenance (in accordance with SN-EN 50172) of the escape route/safety lighting by a specialist company or testing by an accredited inspection body (in accordance with ArGV).

It is important to keep the emergency exits unblocked and unobstructed (snow removal in winter) and to make the route to the assembly point safe.

Evacuation must be organized internally, every employee must be instructed and practiced regularly (at least once a year) together with the fire department. It is recommended that a number of observers (e.g. evacuation assistants, safety experts, fire safety officers, safety officers) are deployed to identify and eliminate weak points.

Infrastructure (logistics, supply and disposal)
Elevators are often an indispensable aid for the production process and movement in the building and require regular maintenance and inspection by a specialist to ensure proper functioning. They must therefore be inspected by an elevator inspector before commissioning and then once a year (in accordance with the Lift Ordinance – AufzV, canton-specific building regulations, Accident Prevention Ordinance – VUV) or at least once a year in accordance with the manufacturer’s specifications. the manufacturer’s specifications at least every 6 months (in accordance with SIA standards 106, 370.10, 370.201/EN 13015).

Industrial trucks (electric pallet trucks, forklift trucks) are essential for internal logistics. Many of these tools must be inspected at least once a year. once a year (depending on the type, frequency and duration of use). Forklift trucks in particular require intensive attention, as the risk of injury and operational disruption is especially high in the event of a defect. For this reason, a basic qualification (forklift license in accordance with VUV Art. 8, EKAS 6518) is also required before the employee is allowed to use them, as is appropriate instruction for many types of work equipment.

Other work equipment (e.g. power-operated doors and gates, lifting platforms, lifting tables, presses, punches, fitting ramps, lifting gear, excavators, wheel loaders, access equipment, ladders or conveyor belts over 5 m) must be inspected (in accordance with VUV, PrSV, building law) at least must be inspected every 12 months (acc. EKAS, depending on the type, frequency and duration of use.

For air conditioning and refrigeration systems (> 3kg refrigerant), testing and maintenance (in accordance with ChemRRV) is mandatory – at least For reasons of hygiene (in accordance with VDI 6022), it is more than advisable to disinfect and clean the fan coils in the air conditioning units (used as air conditioning systems) at least once a year.

Steam boiler and thermal oil systems are frequently used in thermal production processes. Here, the legal requirements of the Pressure Equipment Ordinance (DVG), Pressure Equipment Usage Ordinance (DGVV), EKAS Directive 6516 and the manufacturer’s inspection and maintenance specifications must be observed/complied with. An authorized person with appropriate training and experience is required to operate the system. This person monitors the operation of the system, refills operating materials, checks the water quality and safety equipment, carries out visual inspections and intervenes competently in the event of faults or dangerous conditions.

If a company restaurant is in operation, a grease separator is usually installed. This must be emptied regularly and documented (proof of disposal) and maintenance must be carried out every six months (in accordance with SN EN 1825-2). A general inspection must be carried out by an inspection body every 5 years (in accordance with GSchG, GSchV, VVEA).

If the company operates its own filling stations or workshops on its premises, mineral oil separators are usually prescribed. These must be professionally inspected on an ongoing basis and serviced at least serviced at least once a year. Systems of this type are acc. GSchV and must be inspected acc. SN EN 852-2, they must be subjected to a general inspection every 5 years.

Who should carry out the checks?

Most ongoing inspections can be carried out by in-house technicians if they have the appropriate qualifications (e.g. fire safety officer, waste officer, boiler attendant, etc.), as most defects/damage are easily recognizable to the naked eye/ear. However, when assessing the criticality of a defect, a specialist should always be consulted in case of doubt in order to avoid misjudgements.

All statutory inspections/maintenance should/must be carried out by a specialist or certified expert as they have the relevant detailed knowledge and the appropriate testing equipment.

Some systems (e.g. fire alarm systems, sprinklers, fire control systems, elevators, etc.) must also be tested by an inspection body accredited in Switzerland (in accordance with SN EN ISO/IEC 17020:2012).

Particularly in the case of possible criminal or insurance law issues, the facts should always be adequately documented with pictures or in writing (if in doubt, by a specialist company or expert) to ensure meaningful evidence in the event of damage or a dispute.

To meet this responsibility, at least when it comes to maintenance/inspection, and to avoid missing any more appointments in future, it’s best to download our MyBuilding24 app(for Android, for Apple) right away.
You can record all your devices and systems that require inspection and maintenance and manage the associated appointments there.
With a complete list of maintenance work available at all times, you are always on the safe side.

Glossary

Legislation:

Occupational Health and Safety Act – ArG – SR 822.11:
https://www.fedlex.admin.ch/eli/cc/1966/57_57_57/de

Health Protection Ordinance – ArGV 3:
https://www.fedlex.admin.ch/eli/cc/1993/2553_2553_2553/de

Accident Prevention Ordinance – VUV – SR 832.30:
https://www.fedlex.admin.ch/eli/cc/1983/1968_1968_1968/de

Ordinance on Air Pollution Control – LRV:
https://www.fedlex.admin.ch/eli/cc/1986/208_208_208/de

Chemical Risk Reduction Ordinance – ORRChem:

https://www.fedlex.admin.ch/eli/cc/2005/478/de#lvl_d3294e432

Water Protection Act – GSchG:
https://www.fedlex.admin.ch/eli/cc/1992/1860_1860_1860/de

Water Protection Ordinance – GSchV:
https://www.fedlex.admin.ch/eli/cc/1998/2863_2863_2863/de

VDI 6022 – Guideline for hygiene requirements for ventilation and air-conditioning systems:
https://www.vdi.de/fileadmin/pages/vdi_de/redakteure/richtlinien/inhaltsverzeichnisse/2751070.pdf

VKF Guidelines – Association of Cantonal Fire Insurers:
https://www.bsvonline.ch/de/vorschriften/

Code of Obligations:
https://www.fedlex.admin.ch/de/cc/internal-law/22

Ordinance on the Use of Pressure Equipment – DGVV:
https://www.fedlex.admin.ch/eli/cc/2007/393/de

Electricity Act – EleG:
https://www.fedlex.admin.ch/eli/cc/19/259_252_257/de

Low Voltage Installation Ordinance – NIV:
https://www.fedlex.admin.ch/eli/cc/2002/22/de