The acquisition of real estate in Switzerland by persons domiciled abroad, or by foreign nationals residing in Switzerland, remains a complex subject governed by the Federal Act on the Acquisition of Immovable Property by Persons Abroad (GIPA/ANAG), more commonly known as the "Lex Koller".
In the current Swiss real estate landscape, marked by price pressure and strict regulations, access to property for foreign nationals remains a central theme. Whether you are an international investor, an expatriate who recently arrived in Switzerland, or a real estate professional advising a foreign clientele, understanding the workings of the Lex Koller is indispensable. In 2026, the rules in force impose particular vigilance, especially regarding residence status (Permit B, C) and the nature of the coveted property (primary residence, secondary residence, or commercial). This article sheds light on the conditions of subjection, authorized exceptions, and classic pitfalls to avoid to secure a real estate transaction. Between legal compliance and market reality, discover how to navigate this complex legal framework to realize your acquisition projects with complete peace of mind.
Who can acquire real estate in Switzerland without authorization?
The acquisition of real estate by persons abroad is subject to authorization, with some exceptions. EU/EFTA citizens domiciled in Switzerland, holders of a C permit, and foreign citizens holding a B permit residing in Switzerland for their primary residence are exempt from authorization.
The Legal Framework of the Lex Koller (LFAIE)
The LFAIE aims to limit foreign control over Swiss real estate, particularly in tourist regions. To understand how it works, it is necessary to distinguish between two categories: the persons subject to the law and the types of property involved.
Persons subject to authorization
The following are considered "persons abroad":
- Natural persons domiciled abroad.
- Nationals of third states (non-EU/EFTA) residing in Switzerland but not holding a permanent residence permit (C permit).
- Companies having their registered office abroad or controlled by persons abroad.
Types of properties and their conditions
Subjection also depends on the use of the property:
- Primary residences: Foreign citizens with a B permit can acquire a primary residence without authorization, provided they actually live there.
- Secondary residences: These are strictly limited and subject to authorization, often contingent by canton.
- Commercial properties: The acquisition of land or buildings intended for an economic activity is generally free for companies operating in Switzerland, subject to the actual use of the surfaces.
Summary Table of Acquisition Conditions
Points of Vigilance for Investors in 2026 The application of the Lex Koller is not limited to a simple check of the residence permit. Cantonal authorities exercise rigorous control, particularly on the following points:
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The concept of effective domicile The tax administration and land registry authorities now cross-reference their data more effectively. A residence declared as "primary" must be genuinely occupied. A prolonged absence can lead to the withdrawal of authorization or a forced sale obligation.
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Control of real estate companies Acquisition via a company (SA, Sàrl) does not allow for bypassing the law. If a majority of the capital or voting rights is held by persons abroad, the company itself is considered a "person abroad" and subject to the same restrictions.
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Cantonal specificities While the law is federal, the procedures for granting authorizations (notably for holiday homes in tourist resorts) fall under the jurisdiction of the cantons. Some cantons have more restrictive practices than others.
Conclusion: The Importance of Specialized Support
Managing LFAIE files requires expertise at the intersection of real estate law, taxation, and immigration law. Before signing any legal document, it is crucial to validate the status of the acquirer and the project's compliance with the competent authorities. An error in judgment can not only block the sale but also result in criminal sanctions or the outright annulment of the transaction. In 2026, more than ever, transparency and precise documentation are the best allies for your real estate projects.
