English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 4 Acquisition of immovable property
1 Acquisition of immovable property means: a. the acquisition of immovable property, of a building right, of a right of residence or the usufruct relating to a property; b. participation in a business capable of owning assets without legal personality the actual object of which is to acquire immovable property; c. the acquisition of the ownership or usufruct of a share in a real estate fund, the shares of which are not regularly traded on the market, or of any similar asset; cbis. the acquisition of the ownership or usufruct of a share in a real estate SICAV the shares of which are not regularly traded on the market, or of any similar asset; d. ... e. the acquisition of the ownership or usufruct of a share of an entity, the actual object of which is to acquire immovable property, provided the shares in this entity are not listed on a stock market in Switzerland; f. the creation and exercise of a right of purchase, pre-emption or repurchase over immovable property or a share within the
Para. 1 let. b — Amended by No I of the FA of 30 April 1997, in force since 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221). Para. 1 let. c — Amended by Annex No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639). Para. 1 let. cbis — Inserted by Annex No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639). Para. 1 let. d — Repealed by No I of the FA of 30 April 1997, with effect from 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221).
Art. 5 Foreign non-residents
1 «Foreign non-residents» means: a. the following persons, unless they are legally and de facto resident in Switzerland: 1. citizens of a member state of the European Union or the European Free Trade Association, 2. citizens of the United Kingdom of Great Britain and Northern Ireland who are covered by Article 22 number 2 of the Agreement of 25 February 2019 between the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland on Citizens' Rights following the Withdrawal of the United Kingdom from the European Union and the Free Movement of Persons Agreement; abis. a citizen of another foreign state who does not have the right to reside permanently in Switzerland; b. a legal entity or business with no legal personality that is capable of owning assets whose registered office is in fact or in accordance with its articles located abroad; c. a legal entity or business with no legal personality that is capable of owning assets whose registered office is in fact or lo
Para. 1 let. a — Amended by Annex No 1 of the FD of 25 Sept. 2020 on the Adoption and Implementation of the Agreement between Switzerland and the UK on Citizens' Rights following the Withdrawal of the UK from the EU and the Free Movement of Persons Agreement, in force since 1 March 2021 (AS 2021 85; BBl 2020 1029). Para. 1 let. a let. 2 — SR 0.142.113.672 Para. 1 let. abis — Inserted by No I 2 of the Federal Act of 8 Oct. 1999 on the Agreement between the Swiss Confederation of the one part and
Art. 6 Controlling interest
1 A foreign non-resident holds a controlling interest if he or she as a result his or her financial participation, voting rights or for other reasons has a decisive influence over the administration or operational management of a business, whether alone or jointly with other foreign non-residents. 2 The control of a legal entity by foreign non-residents is presumed if they: a. own more than a third of the share capital, capital contributions or cooperative capital; b. hold more than a third of the votes in the general or members general meeting; c. make up the majority of the foundation board or of the beneficiaries of a private foundation; d. provide the legal entity with repayable financial resources that represent more than the half of the difference between the assets of the entity and its debts due to persons not requiring authorisation. 3 The control of a general or limited partnership by foreign non-residents is presumed if one or more of them: a. are partners with unlimited lia
Para. 2 let. a — Amended by No I of the FA of 8 Oct. 2004, in force since 1 April 2005 (AS 2005 1337; BBl 2003 4357). Para. 4 — Inserted by Annex No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639). Para. 5 let. c — Inserted by Annex No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).
Art. 7 Other exemptions from authorisation
The following persons do not require authorisation: a. statutory heirs under the Swiss law of succession; b. the transferor's ascendants or descendants in direct line and his or her spouse or registered partner; c. an acquirer who is already a co-owner or joint owner of the property; d. condominium owners in relation to the exchange of their storeys in the same property; e. an acquirer who receives the property as compensation in a case of expropriation or land consolidation under federal or cantonal law; f. an acquirer who receives a property as a replacement for another that he or she has transferred to a public corporation or institution; g. an acquirer who receives a small area due to a boundary correction or as a result of an increase in his or her share of condominium; h. an acquirer whose acquisition is in the Confederation's national political interest; the area may not be larger than required for the purpose of the property; i. natural persons who acquire a home as a result of
Art. 7 — Amended by No I of the FA of 30 April 1997, in force since 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221). let. b — Amended by Annex No 10 of the Same Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). let. c — Amended by No I of the FA of 8 Oct. 2004, in force since 1 April 2005 (AS 2005 1337; BBl 2003 4357). let. h — Amended by Annex No II 3 of the Host State Act of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6637; BBl 2006 8017). let. i
Art. 7a Institutional beneficiaries enjoying preferential rights, immunities and facilities
The acquisition of immovable property for official purposes by institutional beneficiaries enjoying privileges, immunities and facilities under Article 2 paragraph 1 of the Host State Act of 22 June 2007 is governed by exclusively by Chapter 3 of the Host State Act.
Art. 7a — Inserted by Annex No II 3 of the Host State Act of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6637; BBl 2006 8017). SR 192.12