Transfer of ownership in Switzerland: what you need to know
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In the context of a real estate sale in Switzerland, the transfer of ownership represents a major legal step: it is at this precise moment that the buyer officially becomes the owner of the property. But this notion covers broader implications than a simple signature. FGP Swiss & Alps supports you in each stage of this transition to secure your investment.
What is the transfer of ownership?
The transfer of ownership refers to the moment when the rights over a property officially pass from the seller to the buyer. Contrary to certain preconceived ideas, it does not occur at the signing of the preliminary sales agreement, nor at the payment of the deposit, but at the moment of the registration in the land register, as provided for by Swiss law (article 656 of the Civil Code).
The prerequisites for the transfer of ownership in Switzerland
Before reaching the registration in the land register, several steps are essential:
- Signature of the notarised deed of sale: this contractual document details all the terms of the transaction (price, deadlines, suspensive clauses, etc.).
- Obtaining the necessary authorisations: in particular in the case of a purchase by a foreigner within the framework of the Lex Koller (LFAIE).
- Payment of the funds into an escrow account or to the notary’s office.
- Payment of the transfer duties, notary fees and registration charges.
When does the transfer become effective?
The transfer of ownership is legally valid only once the deed is published in the land register, a specificity of Swiss law. It is on this date that the buyer officially becomes the owner and that the guarantees and risks linked to the property are transferred to them.
Good to know: between the signing at the notary’s office and the official registration, several days or even weeks may pass. This transitional period must be carefully managed to avoid any dispute.
The effects of the transfer of ownership
Registration in the land register entails important legal consequences:
- The buyer becomes liable for co-ownership charges and property taxes.
- Real rights such as easements or mortgages are updated.
- Contractual guarantees take effect (hidden defects, warranty for defects).
The transfer of ownership in Switzerland is a strictly regulated process, guaranteeing the legal security of real estate transactions. At FGP Swiss & Alps, we place our expertise at the service of your projects so that each stage — from negotiation to registration in the land register — takes place under the best possible conditions.
FGP Swiss & Alps: bespoke support
Experts in high-end real estate transactions, we support our Swiss and international clients in all stages of the transfer of ownership:
- Strategic advice from the promise stage
- Coordination with notaries and cantonal authorities
- Tax and legal optimisation according to your profile
- Post-transfer support (management, renovation, resale)
FAQ on the transfer of ownership in Switzerland
What is the difference between the preliminary sales agreement and the transfer of ownership?
The preliminary sales agreement morally binds both parties, but only the land register legally formalises the change of owner.
Who pays the fees related to the transfer of ownership?
In general, the buyer bears the notary’s fees, the transfer duties and the registration charges.
Can a transfer of ownership be cancelled?
Once registered in the land register, it is very difficult to cancel. Any error requires a judicial procedure or a correction by notarised deed.
How long does a transfer of ownership take?
Depending on the canton and the complexity of the file, it may take from a few days to several weeks.
