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Old 19.03.2018, 09:41
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Buying a holiday home possible for Non-EU with C Permits?

So - Non EU, with C permits, own our primary residence here.

We've been trying to buy a holiday home, looking largely in the German speaking mountain areas. Found several interesting properties (SG, GR, GL).

As non-EU folks our C permits do not free us from the holiday home restrictions, we need permission from the Gemeinde to purchase - and so far we have been unsuccessful.

(We are not looking in big resort communities, rather smaller mountain areas.)

Just curious - have any of you fellow non-EU folks been successful in gaining a permit to purchase a holiday home? If so, could you share how you went about the application? Maybe I'm approaching this incorrectly.

I'm questioning whether chasing this particular pipe dream is worth any more of my time, or not.

Many thanks.
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Old 19.03.2018, 10:07
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Re: Buying a holiday home possible for Non-EU with C Permits?

Maybe this is the "sledgehammer to crack a nut" solution but do you qualify for citizenship? Would resolve the property-buying issue plus you can enjoy the best of both worlds.
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Old 19.03.2018, 10:10
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Re: Buying a holiday home possible for Non-EU with C Permits?

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So - Non EU, with C permits, own our primary residence here.

We've been trying to buy a holiday home, looking largely in the German speaking mountain areas. Found several interesting properties (SG, GR, GL).

As non-EU folks our C permits do not free us from the holiday home restrictions, we need permission from the Gemeinde to purchase - and so far we have been unsuccessful.

(We are not looking in big resort communities, rather smaller mountain areas.)

Just curious - have any of you fellow non-EU folks been successful in gaining a permit to purchase a holiday home? If so, could you share how you went about the application? Maybe I'm approaching this incorrectly.

I'm questioning whether chasing this particular pipe dream is worth any more of my time, or not.

Many thanks.
Just out of curiosity, do you have a source/link for this ?
I was under the impression that a C frees you from any property purchasing restrictions.
EU or non EU (Unless its agricultural land)
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Old 19.03.2018, 10:25
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Re: Buying a holiday home possible for Non-EU with C Permits?

Not sure if this will help.

According to this there are no restrictions if you have a C permit. The problem is elsewhere.



Read the rest of the link but also have a look at the interactive map below this section. Have a look at the areas where you were interested in buying. It might help explain the refusal(s)?

d. List of municipalities permitted to sell to foreigners
Swiss municipalities with a secondary residence rate higher than 20% are limited to a quota of 1,500 permits. Here is a list (by cantons) of municipalities that authorize the purchase of secondary residences.



Link: https://www.cardis.ch/en/conseils/l-...ants-etrangers
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Old 19.03.2018, 10:26
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Re: Buying a holiday home possible for Non-EU with C Permits?

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Just out of curiosity, do you have a source/link for this ?
I was under the impression that a C frees you from any property purchasing restrictions.
EU or non EU (Unless its agricultural land)
I was wondering as well. Lex Koller (Bundesgesetz über den Erwerb von Grundstücken durch Personen im Ausland https://www.admin.ch/opc/de/classifi...373/index.html) should not apply to C permit holder. (See Art. 5 Abs. 1 Item a_bis ) as they are not "persons aboard"

See also, section 5 of the Federal Office of Justice guideline on acquisition of real estate by persons abroad: https://www.bj.admin.ch/dam/data/bj/...werb/lex-e.pdf

The Lex Weber (Bundesgesetz über Zweitwohnungen https://www.admin.ch/opc/de/classifi...036/index.html) is non discriminatory and applies to Swiss as well as foreigner the very same way.
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Old 19.03.2018, 10:27
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Re: Buying a holiday home possible for Non-EU with C Permits?

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...

According to this there are no restrictions if you have a C permit. The problem is elsewhere.
...
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... should not apply to C permit holder. (See Art. 5 Abs. 1 Item a_bis ) ...
Thanks. I have the same impression. (EDIT : For both)
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Old 19.03.2018, 10:52
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Re: Buying a holiday home possible for Non-EU with C Permits?

The problem, as I understand it, is not in purchasing a primary residence but rather a secondary or holiday home. It's either the BewG or ZwG, I need to find the reference, don't have it to hand at the moment...

We already own our primary residence. If we didn't that would be problem solved.

We have been told (by agents, by various Gemeinde officials) that we need permission to purchase a secondary holiday home in several villages we have looked at, most recently SZ (Einsiedeln, Gersau), SG (Wattwil) and GL (Mitlodi).

And yes, these have been ausser Bauzone or Landwirtschaft - but already taken out of the BGBB - properties. As in, a small house in the mountains.

The idea is a property we can use as a holiday home now, then later once OH retires move there as a primary residence. But it will (hopefully!) be at least 5 years as a non-primary residence.

In most cases above we couldn't get a ruling from the responsible bureaucracies in time to meet the deadline to put an offer in on the house. I'm searching for the same mythical hobby farmette million of other folks are, so time is always of the essence when one of these comes on the market.

But time/process isnt always the only issue - Wattwil was a flat 'non-EU, no way no how', by the way.

But I do wonder if it's a case that I'm going about it wrong, and then getting negative responses because of the way I've asked.



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Maybe this is the "sledgehammer to crack a nut" solution but do you qualify for citizenship? Would resolve the property-buying issue plus you can enjoy the best of both worlds.
That ship sailed long ago, when I blotted my copybook by planting the wrong color germaniums.

So Ausländer we remain... just looking for a way to enjoy the rest of our time here.
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Old 19.03.2018, 11:01
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Re: Buying a holiday home possible for Non-EU with C Permits?

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The problem, as I understand it, is not in purchasing a primary residence but rather a secondary or holiday home. It's either the BewG or ZwG, I need to find the reference, don't have it to hand at the moment...
I did quite some research on this a year or so ago when I was looking to buy a second place. (Which didn't work out due to other reasons)
What I did find out (as much as I could understand) was that, with a C, there are no restrictions unless you're going to buy land for agriculture (and not for construction).
And I was checking for non-EU specifically.
Certain municipalities might restrict based on the number of properties owned by expats or some such, but I sure could not find a legal barrier.

Id be very very interested to know (and surprised) if this isn't the case.
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Old 19.03.2018, 11:09
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Re: Buying a holiday home possible for Non-EU with C Permits?

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The problem, as I understand it, is not in purchasing a primary residence but rather a secondary or holiday home. It's either the BewG or ZwG, I need to find the reference, don't have it to hand at the moment...
BewG == Lex Koller
ZwG == Lex Weber

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In most cases above we couldn't get a ruling from the responsible bureaucracies in time to meet the deadline to put an offer in on the house. I'm searching for the same mythical hobby farmette million of other folks are, so time is always of the essence when one of these comes on the market.

But time/process isnt always the only issue - Wattwil was a flat 'non-EU, no way no how', by the way.

But I do wonder if it's a case that I'm going about it wrong, and then getting negative responses because of the way I've asked.
Ask them what specific law, article mandate such a permission.
It can't be ZwG/Lex Weber as this applies to Swiss as well as resident foreigners.
It could be BewG/Lex Koller, but from my understanding it does not apply as you have a C permit.


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That ship sailed long ago, when I blotted my copybook by planting the wrong color germaniums.

So Ausländer we remain... just looking for a way to enjoy the rest of our time here.
You will not know if you never try. The Geranium police are not as powerful as you may think. Specially in a as cosmopolitan town as you live in.
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Old 19.03.2018, 12:23
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Re: Buying a holiday home possible for Non-EU with C Permits?

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You will not know if you never try. The Geranium police are not as powerful as you may think. Specially in a as cosmopolitan town as you live in.
In any case, the law has been changed - likely since you last looked into it - to try and outlaw such arbitrary decisions. You have C, you have residence requirements - if you have the language, you should be able to get the little red book regardless of geraniums
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Old 19.03.2018, 14:35
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Re: Buying a holiday home possible for Non-EU with C Permits?

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...That ship sailed long ago, when I blotted my copybook by planting the wrong color germaniums.

So Ausländer we remain... just looking for a way to enjoy the rest of our time here.
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...You will not know if you never try. The Geranium police are not as powerful as you may think. Specially in a as cosmopolitan town as you live in.
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In any case, the law has been changed - likely since you last looked into it - to try and outlaw such arbitrary decisions. You have C, you have residence requirements - if you have the language, you should be able to get the little red book regardless of geraniums
+1 for what aSITUS and eng_ch have said. Don't count yourselves out before you even try. You've been here long enough, you know the language, and heck - you know the dog and animal welfare laws better than most Swiss!

Tip: Take a pot of geraniums (the right color) to your interview.
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Old 19.03.2018, 15:30
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Re: Buying a holiday home possible for Non-EU with C Permits?

I agree with the others that with a C-Niederlassungsbewilligung you should not run into problems. See this leaflet of Kanton Aargau that lists the different groups. https://www.ag.ch/media/kanton_aarga...ndstuecken.pdf


Is it possible that it is a misunderstanding? Do you make it clear that you have a C-Permit? Could the difference be between Ferienwohnung und Zweitwohnung? As stated due to the new law the number of new apartments that are available for Ferien- or Zweitwohnungen got smaller. Lastly could it be because of the amount of land that you want to buy? I googled and found this Information (for canton St. Gallen): Bei Grundstücken mit mehr als 3.000 m² Grundstücksfläche muss zum Erwerb die Nichtbewilligung durch die Volkswirtschaftsdirektion des zuständigen Kantons verfügt werden
source: https://www.goldinger.ch/immobilienk...slaender.xhtml
Also if you want to buy "unüberbautes Land" then other rules will apply.


I tried calling the number given on this page https://www.sz.ch/privatpersonen/aus...2-511-506-1799 but they are closed today could try tomorrow if you wish. PM me - I am really curious as what is the reason for Einsiedeln. Would just ask generally for a friend with c-Permit who had been told that they need a Bewilligung
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Old 20.03.2018, 13:50
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Re: Buying a holiday home possible for Non-EU with C Permits?

I don't know if this varies in cantons but with ski property in valais you are subject to approval regardless of your status for a 2nd home. In theory it is mandatory that you would be granted authorisation for transferal of the permit from one 2nd home owner to another but it could be refused. This approval process only happens once you've signed the sales act. This is all legislation that came in from the webber law in 2012.
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Old 03.04.2018, 13:44
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Re: Buying a holiday home possible for Non-EU with C Permits?

did you find out what the Problem was here? am really curious
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Old 04.04.2018, 09:01
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Re: Buying a holiday home possible for Non-EU with C Permits?

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Just out of curiosity, do you have a source/link for this ?
I was under the impression that a C frees you from any property purchasing restrictions.
EU or non EU (Unless its agricultural land)
ch.ch says that, as permit C holder with non-EU/EFTA nationality you can buy your primary residence (the one you [will] live in) without restriction, no permit required.

However a second property, or a holiday apartment, does require a permit. It is suggested to contact the land registry office of the commune OP intends to buy in.

EU/EFTA citizens enjoy the same rights as the Swiss, no permit required in both cases.
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Old 04.04.2018, 10:23
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Re: Buying a holiday home possible for Non-EU with C Permits?

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ch.ch says that, as permit C holder with non-EU/EFTA nationality you can buy your primary residence (the one you [will] live in) without restriction, no permit required.

However a second property, or a holiday apartment, does require a permit. It is suggested to contact the land registry office of the commune OP intends to buy in.

EU/EFTA citizens enjoy the same rights as the Swiss, no permit required in both cases.
Not totally accurate. ch.ch doesn't say anything about those holding a C permit.

This does.
"The following persons do not require authorisation to purchase real estate in Switzerland: Nationals of a Member State of the European Community/European Union (EU) or of the European Free Trade Association (EFTA) who are domiciled in Switzerland (as a general rule holding a B EC/EFTA permit (resident foreign nationals) or a C EC/EFTA permit (settled foreign nationals)), other foreigners entitled to settle in Switzerland (holding a C settlement permit) and Swiss-based companies controlled by persons holding the above rights of residence or settlement."

Although, it doesn't explicitly specify what kind of real estate.

This, however, seems to say the same thing.

"Acquisition of real estate is possible without the need for a permit in the case of:

Real estate that is acquired in order to exercise a professional, commercial or industrial activity.
Excluded from this is real estate for the establishment, trade or letting of residential apartments
Citizens of the European Union (EU) as well as of the European Free Trade Association (EFTA) who are resident in Switzerland
with residence permit EU/EFTA B
with permanent residency EU/EFTA C
other non-Swiss citizens who have the right of permanent residency in Switzerland
with permanent residency C

Companies domiciled in Switzerland that are controlled by a person in one of the aforementioned categories
EU and EFTA international commuters, a second home in the region of their place of work
with international commuter permit EU/EFTA G
Non-EU or non-EFTA citizens resident in Switzerland who are not yet entitled to permanent residency in Switzerland, an apartment in which they reside on a permanent basis
with residence permit B"


My understanding still is : C Permit = Same rights as Swiss Citizens for any kind of property.
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