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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:
- parcels of land and the buildings thereon;
- distinct and permanent rights recorded in the land register;
- mines;
- 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:
- is not created in favour of a benefited property nor exclusively for an specific person; and
- 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
More information that may be of interest to you:
Selling your home in Geneva: initial checks and steps
Can you sell a property with a tenant?
Selling a rented apartment, how to do, precautions to take
The seller's guarantee for a property in Switzerland
Selling or renting your home - the arguments
When is the best time to sell your house?
Why hire a real estate broker and how to choose one?
© Written and translated by Esther Lauber, Property Fiduciary with Federal Diploma of Higher Vocational Education and Training, real estate broker
