Property
Switzerland — Property: Legal Checks
The key legal check for a foreign buyer in Switzerland is whether the Lex Koller requires authorisation from the cantonal authority. EU and EFTA nationals domiciled in Switzerland are exempt, cross-border EU or EFTA commuters do not need authorisation for a secondary residence near their workplace, and others buying a holiday home need exceptionally close ties to the place, with a ban on renting it to third parties. On 15 April 2026 the Federal Council opened a consultation, running until 15 July 2026, on tightening the Lex Koller, including requiring authorisation for home purchases by nationals of states outside the EU and EFTA and reducing annual cantonal quotas for holiday homes. Land registry, zoning and lien checks are handled by the notary and the commune; ask them for the land registry extract and zoning confirmation.
Why this matters
The Swiss notary is a neutral public official, not the buyer's advocate — anyone assuming the notary will flag a bad deal or hidden defect the way a buyer's solicitor might in other countries is likely to be surprised, which is why independent due diligence matters more here than in notary-light jurisdictions.
Key facts
- Check whether the Lex Koller requires cantonal authorisation for the purchase.
- EU and EFTA nationals domiciled in Switzerland are exempt; cross-border EU/EFTA commuters need no authorisation for a secondary residence near their workplace.
- A consultation opened 15 April 2026 (until 15 July 2026) proposes tightening the rules, including for non-EU/EFTA nationals and holiday-home quotas.
- Ask the notary and commune for the land registry extract and zoning confirmation.
Steps
- Request a current land registry extract — Verify there are no undisclosed liens, mortgages, or easements against the property.
- Confirm zoning and building restrictions — Check with the commune for any restrictions relevant to intended use or planned renovations.
- Verify Lex Koller status — Confirm whether foreign-ownership authorization is required based on the buyer's residence status.
- Commission independent due diligence — Engage a lawyer and/or surveyor for commercial and structural review, since the notary's role is neutral and administrative.
Common mistakes
- Relying on the current rules without checking the 2026 tightening proposals.