Engel & Völkers
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Can I buy residential property in Switzerland as a foreigner?

Regardless of nationality, moving into their own four walls is a big dream for many people. However, under the Federal Act on the Acquisition of Real Estate by Persons Abroad ("Lex Koller"), Swiss lawmakers make a distinction between Swiss and foreign property buyers. This is intended to prevent the "alienation of domestic land". To this end, the legislator makes the acquisition of property or building land subject to authorisation in certain cases.

Citizens of the European Union (EU) and the European Free Trade Association (EFTA)

Persons who are nationals of an EU or EFTA member state and have legal and actual residence in Switzerland do not require a permit to purchase a residential property in Switzerland (equal status with Swiss citizens). Legal residence is deemed to exist if the purchaser has a short-term residence permit (L), residence permit (B) or permanent residence permit (C) EU/EFTA. The actual place of residence within the meaning of the Swiss Civil Code is the place where the person concerned is staying with the intention of remaining permanently and where the centre of their life is located. In the case of the short-term residence permit L, it is questionable from the authorities' point of view whether the actual place of residence is in Switzerland. For this reason, the authorisation authority is often called in to check in such cases.

Third-country nationals

Nationals from countries outside the EU/EFTA, so-called "third-country nationals", who have a B residence permit can purchase residential property in Switzerland without a permit if they use the property to be purchased as their main residence. In the case of third-country nationals with a short-term residence permit L, there is a risk of a permit being required because it can be difficult to prove actual residence. Third-country nationals with a C permanent residence permit are not subject to any restrictions, which means that they do not require a permit to purchase residential property.

Foreign nationals without residence in Switzerland

Nationals of EU and EFTA member states who do not have their main place of residence in Switzerland but hold a cross-border commuter permit G may purchase a second home in the region where they work without a permit. For all other foreign natural persons (EU/EFTA and third-country nationals) whose main place of residence is abroad, the basic authorisation requirement applies to the purchase of residential property in Switzerland.

Conclusion and recommendations

In principle, the purchase of residential property by foreign nationals resident in Switzerland is not subject to authorisation if they use the property as their main residence and have at least a B residence permit. However, in addition to clarifying the authorisation requirement, there are other hurdles, such as language barriers between buyer and seller, unfamiliarity with Swiss property purchase law and the local property market. It is therefore advisable to obtain a valuation of the property to be purchased and to consult an experienced advisor (estate agent, lawyer) before concluding the purchase agreement.

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