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The Swiss right of pre-emption in layperson’s terms.
What is the right of pre-emption?
The right of pre-emption gives one or more people the right of first refusal to a purchase a property or plot of land vis-à-vis third parties. The seller must offer the property to the holders of the right of pre-emption first. The seller may only sell the property to a third party if the holders of the right of pre-emption waive this right or the grace period has passed.
How long does a right of pre-emption last?
Statutory rights of pre-emption are unlimited in duration but cannot be inherited. Contractual rights of pre-emption are valid for up to 25 years and may or may not be heritable depending on how the contract has been drafted. After the purchase contract has been announced, the holder of the right of pre-emption has three months to exercise their right.
What others wanted to know.
Our property experts give an insight into a selection of the most frequently asked questions. You can submit your own question too. We will be happy to help you.
Jan C. (42), Arth
Do condominium owners have a right of pre-emption?
Condominium owners have no statutory right of pre-emption to other condominium units within the same residential building. A right of this kind can however be agreed contractually – for example, when establishing a community of condominium owners by making an entry into the land register or making an agreement in writing between all of the condominium owners. In order for such an agreement to be valid vis-à-vis third parties, the contractual right of pre-emption must be recorded in the land register.
Olivier S. (55), Sion
Can the right of pre-emption be bypassed?
Yes, the right of pre-emption can be formally bypassed if the property is gifted or bequeathed. From a legal perspective, these are not classed as a sale and therefore do not trigger a pre-emption. The person entitled to the pre-emption cannot exercise their right in these cases. The right of pre-emption recorded in the land register also remains in place vis-à-vis the new owner and takes effect again whenever the property is sold again in future, unless the period of validity specified in the contract of up to 25 years has lapsed.
Jan C. (42), Arth
Do condominium owners have a right of pre-emption?
Condominium owners have no statutory right of pre-emption to other condominium units within the same residential building. A right of this kind can however be agreed contractually – for example, when establishing a community of condominium owners by making an entry into the land register or making an agreement in writing between all of the condominium owners. In order for such an agreement to be valid vis-à-vis third parties, the contractual right of pre-emption must be recorded in the land register.
Olivier S. (55), Sion
Can the right of pre-emption be bypassed?
Yes, the right of pre-emption can be formally bypassed if the property is gifted or bequeathed. From a legal perspective, these are not classed as a sale and therefore do not trigger a pre-emption. The person entitled to the pre-emption cannot exercise their right in these cases. The right of pre-emption recorded in the land register also remains in place vis-à-vis the new owner and takes effect again whenever the property is sold again in future, unless the period of validity specified in the contract of up to 25 years has lapsed.
