Basel, 15.03.2024
“I want to buy an apartment in Switzerland. What will belong to me and what will be collectively shared?”
For an expat living in Switzerland, navigating the complexities of the real estate market here presents a unique set of challenges, for example, it’s quite difficult when it comes to understanding the nuances of owning an apartment in a multi-family building. It is hard to grasp the distinctions between what is privately owned, what is collectively shared, and the intertwined responsibilities and rights. This becomes crucial knowledge for those looking to buy an apartment, as the system in Switzerland significantly differs from many other countries.
Seek professional advice
The journey begins with recognizing that purchasing a condominium in Switzerland doesn’t mean buying the entire property but rather acquiring a specific unit within a multi-family house or a residential complex. This concept can be quite perplexing for expats, as this ownership comes with the possibility of later selling, inheriting, or otherwise transferring the unit. The share of ownership is officially recorded in the land register, critically influencing the allocation of costs. It necessitates condominium owners to contribute towards the maintenance of shared facilities and operational expenses in proportion to their ownership share.
Exclusive Ownership Rights for Expats
The principle of exclusive ownership within the building, whether it’s an apartment, office, or commercial space, means having complete control over that space. This exclusive right, however, might initially be hard to understand, as it allows them to modify their living space, choose the interior design, or change the layout as long as it does not affect the communal areas or violate any laws. This exclusive right is limited to their apartment and any associated rooms like storage units, hobby rooms, or attics. However, it does not extend to outdoor areas such as gardens, patios, or rooftop terraces, which are considered communal property.
Navigating the Ownership Community
Becoming part of an ownership community means sharing in both the exclusive and communal properties. This includes access to common areas like the foundation or roof, even if one’s apartment is not directly below or adjacent to these spaces. The concept of ownership expressed in shares, determining both one’s voting rights in the condominium community and the share of communal costs, can be quite complex. Expats must understand that this co-ownership binds them to comply with existing regulations and collective decisions, from contributing to major renovations to adhering to pet policies decided upon by the owner’s assembly.
Understanding Through the Condominium Act
The challenge is further compounded by the need to understand the specific rights and responsibilities outlined in the Swiss Condominium Act (Civil Code) and the community regulations, which may vary significantly from one building to another. For expats, it means it’s crucial to thoroughly review the rules and regulations applicable to the condominium community they are considering joining. This aspect of Swiss real estate can be particularly daunting for expats, making it essential to seek expert advice or join expat forums where shared experiences can provide invaluable guidance through this complex process.
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