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. 8 General grounds for authorisation
1 An acquisition shall be authorised if the immovable property is intended to serve: a. ... b. as an investment of capital arising from the business operations of insurance institutions under foreign ownership or control and licensed for commercial operations in Switzerland, provided general recognised investment principles are observed and the value of all the immovable property held by the acquirer does not exceed the provisions for Swiss business activities regarded by the insurance supervisory authority as technically required; c. the occupational pensions of domestic establishments or exclusively charitable purposes, provided the acquirer is exempt from direct federal taxation on the immovable property; d. to cover charge-secured debts of banks and insurance institutions under foreign ownership or control and licensed for commercial operations in Switzerland, in forced sales and liquidation settlements. 2 An heir who requires authorisation but has no grounds for authorisation shal
Para. 1 let. a — Repealed by No I of the FA of 30 April 1997, with effect from 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221). Para. 1 let. d — 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. 2 — Sentence inserted by No I of the FA of 8 Oct. 2004, in force since 1 April 2005 (AS 2005 1337; BBl 2003 4357). Para. 3 — Sentence deleted by No I of the FA of 22 March 2002, with effect from 1 Sept. 1997 (AS 2002 2467; BBl 2002 1052 2748).
Art. 9 Cantonal grounds for authorisation
1 The cantons may by law stipulate that an acquisition be authorised if the immovable property is to be used: a. for the construction of social housing under cantonal law and without federal financial aid in locations where there is a shortage of housing, or if newly constructed residential buildings are located on the immovable property; b. ... c. as the second home for a natural person in a location with which that person has an exceptionally close relationship worthy of protection, provided the relationship is long-term. 2 The cantons may also stipulate by law that a natural person may be authorised to acquire a holiday home or an accommodation unit in an aparthotel as part of the cantonal quota. 3 The cantons shall determine the locations where holiday homes or accommodation units in aparthotels should be acquired by foreign non-residents in order to promote tourism. 4 An authorisation does not count towards the quota if: a. the seller has already been authorised to acquire the hol
Art. 9 — Amended by No I of the FA of 22 March 2002, in force since 1 Sept. 2002 (AS 2002 2467; BBl 2002 1052 2748). Para. 1 let. b — Repealed by No I of the FA of 30 April 1997, with effect from 1 Oct. 1997 (AS 1997 2086; BBl 1997 II 1221). Para. 3 — 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 let. c — Inserted by No I of the FA of 22 March 2002, in force since 1 Sept. 2002 (AS 2002 2467; BBl 2002 1052 2748).
Art. 10 Aparthotels
An aparthotel is a new hotel or a hotel requiring renovation that is in the condominium of the hotel proprietor, foreign non-residents and, if applicable, third parties, provided it meets the following requirements: a. the hotel proprietor owns at least a 51 per cent share of the value of the property in the form of special fittings and installations for the hotel business and accommodation units; b. at least 65 per cent of the value of the accommodation units is permanently managed as a hotel operation, including all the accommodation units owned by the hotel proprietor; c. the aparthotel offers an appropriate range of services and structural and operational facilities and, based on a expert opinion of the Swiss Association for Hotel Credit, is expected to be profitable.
Art. 11 Authorisation quotas
1 The Federal Council determines the annual cantonal authorisation quotas for the acquisition of holiday homes and accommodation units in aparthotels based on a maximum number for the whole of Switzerland; in doing so it shall take account of the country's political and economic interests. 2 The maximum number under paragraph 1 may not exceed 1500 quota units. 3 The Federal Council shall calculate the cantonal quotas based on the importance of tourism to the cantons, the tourist development plans and the percentage of immovable property in foreign ownership on their territory. 4 The cantons regulate the allocation of authorisations from their quota.
Art. 11 — Amended by No I of the FA of 22 March 2002, in force since 1 Sept. 2002 (AS 2002 2467; BBl 2002 1052 2748).
Art. 12 Mandatory grounds for refusal
Authorisation shall be refused in every case where: a. the immovable property constitutes an unlawful investment of capital under this Act; b. the area is larger than its purpose requires; c. the acquirer has attempted to circumvent this Act; d. the acquirer of a second home as defined in Article 9 paragraph 1 letter c, of a holiday home or of an accommodation unit in an aparthotel, his or her spouse or registered partner or his or her children under 18 years of age already own such a home in Switzerland; e. ... f. the acquisition is contrary to national political interests.
let. d — 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. e — 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. 13 Stricter cantonal restrictions
1 The cantons may by law impose stricter limits on the acquisition of holiday homes and accommodation units in aparthotels in particular by: a. introducing a freeze on authorisations; b. permitting the acquisition of holiday homes only as part of a condominium or of another collective unit of several holiday homes; c. permitting the acquisition of only a certain maximum percentage of living space of all holiday homes and accommodation units in aparthotels when counted together; d. introducing a right of pre-emption at market value for persons who do not require authorisation; e. limiting acquisition to a building right, right of residence or usufruct. 2 The communes may introduce these limitations on their own initiative. The cantons regulate the procedure.
Art. 14 Conditions and requirements
1 Authorisation is granted subject to conditions and requirements that guarantee that the immovable property will be used for the purpose claimed by the acquirer. 2 The Federal Council regulates the minimum conditions and requirements unless this Act regulates them, and the forfeiture of authorisations. 3 Requirements must be noted in the land register. 4 They may be revoked for good cause at the acquirer's request. 5 If exemption from authorisation is granted because foreign non-residents do not hold a controlling interest, this decision must be made conditional on the acquirer applying for a new decision to be made before any change in the circumstances that could justify an authorisation requirement.