Legal bases of condominium ownership

In Switzerland, the term “condominium” has been used since January 1965 and originates in Art. 712a et seqq of the Swiss Civil Code (CC).

According to the Swiss Civil Code, a condominium a form of co-ownership of a property which gives the co-owner the exclusive right to use certain parts of a building and to make changes to their internal design. The owner of the condominium is free to manage, use and change the construction of their own rooms as they see fit, but must not make it difficult for any other co-owner to exercise the same right and in no way damage the building components, installations and devices under subject to common ownership and use or impair their function and appearance (Art. 712a of the CC). Condominium ownership is, thus, a form of a qualified co-ownership. In it, in addition to the (ordinary) co-ownership of the entire property, the co-owners also have a special right to certain parts, such as their flats. This entitles them to exclude other co-owners from entry and use of their flat and to construct or change freely on the inside.