Lex Koller

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Basic data
Title: Federal law on the acquisition of
land by persons abroad
Abbreviation: BewG
Type: Federal law
Scope: Switzerland
Legal matter: Civil Code
Systematic
legal collection (SR) :		 211.412.41
Original version from: December 16, 1983
Entry into force on: January 1, 1985
Last change by: AS 2007 6637 (PDF; 528 kB)
Effective date of the
last change:		 January 1, 2008
Please note the note on the applicable legal version.

Lex Koller is the informal name of the Swiss “Federal Act of 16 December 1983 on the Acquisition of Real Estate by Persons Abroad” (BewG, SR 211.412.41). The name of the law goes back to Arnold Koller , who was Federal Councilor when the law was last revised in 1997 .

purpose

The purpose of Lex Koller is to combat the " foreign infiltration of the native soil". It includes a restriction on the purchase of Swiss residential property by foreigners. Foreigners who do not have their place of residence in Switzerland are not allowed to buy residential property. Only the purchase of holiday apartments, for which there are contingents, is allowed. Citizens of EU and EFTA countries with residence permits B and C are on an equal footing with Swiss citizens. Non-EU and EFTA citizens need a C residence permit for the unrestricted acquisition of all types of property. Commercial properties can be acquired by anyone, regardless of whether they live in Switzerland or not.

To determine the place of residence in accordance with Lex Koller, it is not just sufficient to have a B or C residence permit. According to point 5a of the information sheet of the Federal Office of Justice on the acquisition of real estate by persons abroad : "According to Articles 23 et seq. Of the Civil Code is the place of residence where the person is staying with the intention of permanent residence, where the focus of their personal life relationships is, where they are regularly during their non-working hours, who maintain family and friendly relationships and who take part in social life referring to their actual place of residence in Switzerland to acquire real estate without a permit, must provide appropriate evidence. A residence permit issued by the aliens police and a confirmation from the municipality of the registration are not sufficient in and of themselves Joint household with the spouse or life partner and the minor children. Other clues are, for example, the employment relationship, the registration of a vehicle, full tax liability or regular participation in an association in Switzerland. It is irrelevant if the spouse of the purchaser has Swiss citizenship. "

history

In 1983 Lex Koller replaced Lex Friedrich (after Federal Councilor Rudolf Friedrich ), which in turn was the successor to Lex Furgler (after Federal Councilor Kurt Furgler ). Already in the 1960s / 70s there were similar decrees with the Lex von Moos (after Federal Councilor Ludwig von Moos ) and the Lex Celio (after Federal Councilor Nello Celio ).

Since it came into force in 1985, the law has been adjusted and streamlined several times. In 1997, the acquisition of commercial real estate was fully liberalized as part of an economic stimulus program. Since 2005, people abroad have also been allowed to buy shares in listed Swiss real estate companies, as has always been the case with real estate funds.

In 2007, all major parties wanted to delete the law without replacement. There was even a proposal to abolish this from the Federal Council. In December 2012 resp. March 2013, both chambers of parliament spoke out in favor of formally burying the abolition proposal.

A parliamentary move by National Councilor Jacqueline Badran unsuccessfully called for a tightening of the law in 2014. The two existing exceptions to Lex Koller, one for commercial properties and one for real estate companies, should be abolished.

Surprisingly, in 2017 the Federal Council sent a proposal for consultation which, in addition to eliminating a few small weaknesses in the law, wanted to reverse the easing of 1997 and 2005. Business and politics resisted this project and the Federal Council subsequently waived the revision.

effect

The law successfully prevents, in contrast to London or Vancouver , houses from being bought up by wealthy foreigners only as an investment and so scarce housing becomes even more expensive. In addition, the Swiss housing market is less susceptible to external shocks because it is not always to be expected that foreigners will withdraw their funds again.

Web links

Individual evidence

  1. ^ From the Lex von Moos to the Lex Koller | NZZ. October 30, 2012, accessed March 22, 2020 .
  2. ^ Federal Office of Justice: Leaflet Acquisition of Land by Persons Abroad
  3. ↑ '' Many commoners also want to tighten Lex Koller '' In: '' Neue Zürcher Zeitung '' NZZ of September 27, 2013