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SR 211.412.41 + SR 211.412.411 · Editorial explanation

Swiss Real Estate Acquisitions by Foreign Persons: BewG and BewV

BewG and BewV are in force; the official consolidations dated 1 July 2023 and 1 March 2024 were reviewed. This is an independently authored explanation, not the full text or an official translation; the competent cantonal authority decides the case.

Key takeaways

Key takeaways

This material explains the official publication without reproducing it and is not an official translation or individual advice. Current legislation, cantonal practice and the facts must be checked before application.

01

The first question is whether the acquirer is a person abroad; registration and actual control are both relevant.

02

Acquisition can include direct and certain indirect rights, financing arrangements and structures producing a comparable economic position.

03

Authorisation, main-residence or permanent-establishment exceptions and holiday-home quotas apply only when their factual conditions are met.

04

The transaction should be coordinated with the cantonal authority, land register, tax, financing and corporate documentation before irreversible commitments.

01

Person abroad, acquisition and control

Classification begins with a natural person's nationality, domicile and permit type, or an entity's seat and control. A Swiss company may be treated as foreign-controlled by reference to equity, votes, financing and other means of decisive influence. Acquisition is not limited to registered title: interests in a real-estate company, use rights, long-term agreements, options and other arrangements conferring an owner-like economic position must be analysed.

02

Authorisation, exceptions and conditions

Whether authorisation or an exception applies should be established before closing. A main-residence exception requires lawful residence and genuine personal use; a permanent-establishment property must serve a real operating function rather than investment holding. Holiday homes and serviced apartments are tied to cantonal rules, designated tourist locations and quotas. Area, use, letting, construction timing and later change of use may become conditions of the decision and should be reflected in the documents.

03

Due diligence and transaction execution

Before unconditional commitments, the file should include passports and permits, ownership through ultimate controllers, financing sources, property details, intended use and corporate approvals. The agreement should address the BewG decision, cooperation, accuracy of control disclosures and consequences of refusal. The notary, land register and cantonal authority perform different functions; tax clearance or bank financing does not replace authorisation. After closing, decision conditions and later changes in ownership, financing or use remain subject to monitoring.

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Official source

This material explains the official publication without reproducing it and is not an official translation or individual advice. Current legislation, cantonal practice and the facts must be checked before application.

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This material explains the official publication without reproducing it and is not an official translation or individual advice. Current legislation, cantonal practice and the facts must be checked before application.

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