When buying a property, various legal aspects are important. Since 1995, GRIWA TREUHAND AG has been active in the real estate sector, and makes a point of offe¬ring good advice when buying or selling a property.
Who does not dream of a home in the Alps? For over 25 years, GRIWA TREUHAND AG has been involved in the marketing and administration of real estate. The Grindelwald Company has grown into what is, today, highly regarded as the centre for the buying and selling along with the rental of properties throughout the Bernese Oberland. GRIWA TREUHAND will personally help you to realise your mountain property dream. When buying a property in the mountains there are various legal aspects which have to be considered. At the federal level, the second home law and the restrictions on the purchase of real estate by persons living abroad, the so-called Lex Koller, must be observed. At a municipal level, both laws can be even stricter. So there may be some other restrictions which can occur; such as the EWAP regulation of the municipality Grindelwald. Therefore it is recommended to get précise clarification by a real-estate professional before.
The Secondary Home Act (ZWG) came into force on the 1st January 2016. It regulates the construction of any new apartments, as well as the use or conversion of existing apartments, in communities where there are more than 20% of second homes. Most places in the Bernese Oberland belong in this category, so it is not allowed to construct additional second homes. However, a replacement construction is allowed, which can be increased by up to 30 per cent. Moreover, a building can also be divided into different apartments, but in this case it is prohibited to extend the existing ground-area. It is still possible for the building of first-time homes for locals. The restriction is entered in the land register and transferred to the next buyer when the property is sold. This has a considerable influence on the achievable selling price.
Before 2016, the Grindelwald municipality had already introduced a scheme with the initial housing share plan (EWAP) to create affordable housing for the local population. The minimum share of housing for the local population is 35 per cent of the gross floor area of a building intended for residential use. This restriction is noted in the land register and can be deleted after 25 years from
the granting of the building permit. Similar regulations apply in other municipalities.
A federal law called Lex Koller restricts the acquisition of land by people living abroad. The possibilities for foreigners to own land and property in Switzerland are therefore limited. In 2008, the Federal Council set the authorisation quota per year at 1,500 units. Since 2009, the number of permits has been decreasing steadily. If you do not have a Swiss passport, you are a foreigner and need a Lex Koller permit. However, nationals of EU and EFTA countries who live in Switzerland and have a permanent residency, residence authorisation or short-stay permit (C, B or L permit) or third-country nationals with a valid residency permit (C permit) are legally treated the same as Swiss citizens. Such persons are not subject to the provisions of the Lex Koller.
