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Set subtitles in English

Subject matter immovable property

According to the article 655 of the Swiss Civil Code:

1. The object of land ownership is all immovable property.

2. Within the meaning of this Code, immovable property includes:

  1. parcels of land and the buildings thereon;
  2. distinct and permanent rights recorded in the land register;
  3. mines;
  4. co-ownership shares in immovable property.

3. An easement relating to immovable property may be recorded to the land register as an independant and permanent right if it:

  1. is not created in favour of a benefited property nor exclusively for an specific person; and
  2. is established for at least 30 years or for an unlimited period

The form of the contract

The contract of sale of a property is only valid if it is conclued in the form of an authentic deed. Each canton has its own regulations concerning the authentic instrument. In Geneva, it is the notary who must draw up an authentic deed.

A sale of shares of a Real Estate Company (SI or SIAL) is not a real estate sale, because the Real Estate Company is instructed as owner in the land register and the sale is made by the transfer of the shares.

Entry in the land register

According to article 656 of the Swiss Code Civil, acquisition of land owndership requires entry in the land register.

Public registers and public deeds

Article 9 of the Swiss Code Civil:
Public registers and public deeds constitute full proof ot the facts evidenced by them, untless their content is shown to be incorrect.

The content of the sales contract

The content varies from case to case and there is no standard contract. It is written by the notary.

Example of a content in the contract of sale of a family house:

  • contracting parties
  • description of the house
  • construction zone
  • origine of the property
  • easement and land charges
  • the obligation to transfer the property
  • entry into possession
  • price
  • declaration of the entire sale price
  • payment terms and conditions
  • repossession of the mortgage
  • lex Koller
  • family home
  • taxes (property, gain)
  • warranty or exclusion of warranty if the house isn't new
  • verification of the electrical installations
  • commission
  • application to the land register
  • election of domicile
  • signature

 

© Written and translated by Esther Lauber, Real Estate Trustee with Advanced Federal Diploma of Professional Education and Training, real estate broker