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Old 11.08.2012, 16:58
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Change of ownership ( property )

If this is not the right section to post, no doubt Mods will amend.
Does anyone know please whether it is possible to change ownership from one member of the family to another pertaining to an apartment? Obviously this will need to be done through a lawyer and entered eventually into the Grundbuch in Bern. But is this possible as a foreigner without permanent residence in CH? It is a holiday apartment. TIA
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Old 11.08.2012, 18:39
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Re: Change of ownership ( property )

You should ask you Commune. It varies from place to place and quite a few popular resorts have limits on foreign non-resident ownership. The transfer needs to be done by notarial deed, the commune may have their own notary or at least a list. There may be tax consequences: capital gains are tax free in CH but there are property transfer taxes.
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Old 11.08.2012, 19:01
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Re: Change of ownership ( property )

If the person who will be the owner is not an EU citizen the property could be subject to the "Lex Koller":

Acquisition of Real Estate by Foreigners
The acquisition of real estate by foreigners is regulated by the Federal Law on the Acquisition of Real Estate by Persons Abroad (originally called Lex Friedrich, today Lex Koller). Additionally, cantonal law and for some cities and villages also local law stipulates further detailed regulations. The Lex Koller requires "persons abroad" to obtain a permit from the appropriate cantonal and federal authorities before buying real estate in Switzerland.

Scope of the Regulation: "Persons abroad" in the sense of the Lex Koller can be individuals as well as legal entities.

The Lex Koller defines individual persons abroad as being either foreigners domiciled abroad, or foreigners that are in fact domiciled in Switzerland but are neither nationals of EU/EFTA member states nor holders of a valid settlement permit (autorisation d'etablissement/ Niederlassungsbewilligung or so-called C permit).

This means that nationals of EU/EFTA member states domiciled in Switzerland (in particular EU/EFTA nationals with a residence permit EU-EFTA (autorisation de séjour/Aufenthaltsbewilligung or so called B permit) or a settlement permit EU-EFTA or, possibly, with a short residence permit EU-EFTA) as well as nationals of other foreign countries who are holders of a valid settlement permit (C permit) and are actually domiciled in Switzerland, are not subject to the "Lex Koller". With respect to the acquisition of real estate their position is equal to that of a Swiss citizen.

http://geneva.angloinfo.com/countrie...d/housebuy.asp
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