Other exemptions from prior authorization requirements

The Federal Act provides several exemptions where no prior authorisation is required:

Legal heirs under Swiss law, a definition that includes, for instance, in addition to the direct descendants, the beneficiaries under a Will who, as relatives of the deceased, may possibly qualify as legal heirs, are entitled to acquire real estate as part of an estate.

Relatives in line of ascent or descent from the person disposing of the property, their spouse or registered partner may also acquire real estate in Switzerland without the need to obtain an authorisation. On the contrary, this is not the case of transfers to collateral relatives (brothers or sisters), as this kind of transaction requires prior authorisation.

Consequently, the sale of real estate by a child to its parents is in violation of the law and requires authorisation if the latter sells it to another child shortly afterwards, although the individual transactions themselves do not require an authorisation.

Buyers who already hold an interest in the real estate in joint ownership or co-ownership are also exempted from obtaining prior authorisation.

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This website aims to provide general information regarding Swiss law and should not be regarded as a legal opinion. For more specific advice, do not hesitate to contact us.