Best Commercial Real Estate Lawyers in Arlesheim

About Commercial Real Estate Law in Arlesheim, Switzerland

Commercial real estate in Arlesheim covers office buildings, retail units, hospitality properties, logistics and industrial facilities, mixed-use developments with business premises, ground leases, and development sites. Transactions and leasing are governed primarily by Swiss federal law, complemented by cantonal and municipal rules. Key federal frameworks include the Swiss Civil Code for property rights and land registration and the Swiss Code of Obligations for leases and contracts. Planning, zoning, building permits, and many environmental requirements are set at the cantonal Basel-Landschaft level and implemented locally by the municipality of Arlesheim. Because multiple layers of law apply and each property has its own planning and technical context, careful legal and technical due diligence is essential before signing.

Why You May Need a Lawyer

Commercial transactions often involve complex contracts, financing, tax structuring, regulatory approvals, and long-term risk allocation. A lawyer helps you understand your rights and obligations, identify hidden risks, and negotiate terms that protect your interests. Early legal input can also keep your deal aligned with local planning and building rules to avoid delays and cost overruns.

Common situations include negotiating or reviewing commercial leases, drafting letters of intent and purchase agreements, conducting title and land register checks, verifying zoning and permitted uses, assessing contaminated sites and environmental compliance, coordinating building or fit-out permits, setting up ownership structures and financing security, handling rent indexation or escalation clauses, navigating VAT options on rent, and resolving disputes through the conciliation authority or courts. If you are a foreign investor or acquiring mixed-use property, you may also need advice on the federal Lex Koller regime and any municipal pre-emption rights.

Local Laws Overview

Ownership and transfer. Property rights, easements, and condominium ownership are governed by the Swiss Civil Code. Ownership transfers require a notarized deed and registration in the land register. In Basel-Landschaft, notarization and registration are handled by cantonal offices. Rights like pre-emption or purchase options can be recorded in the land register for enforceability.

Leasing. Commercial leases are regulated by the Swiss Code of Obligations. Many provisions apply to both residential and business premises, although some protections differ. If not otherwise agreed, the statutory notice period for business premises is six months to the end of a quarter. Parties can agree on fixed terms, extension options, step rent, or indexation. Indexed rent typically requires a fixed term of at least five years. Subletting requires landlord consent but cannot be withheld without good cause. Deposits for commercial leases are not subject to the residential three-month cap. Rent increases and certain terminations are subject to rules against abuse, and disputes go first to the conciliation authority in Basel-Landschaft.

Planning and zoning. The federal Spatial Planning Act sets the framework. The Canton of Basel-Landschaft adopts the binding planning and building rules, and the municipality of Arlesheim applies them through its zoning plan, building and use regulations, and permitting practice. You must verify that your intended use fits the zoning of the parcel. A change of use, alterations, signage, parking layout, or expansions may require a building permit. Heritage protections can apply to listed buildings or areas and may constrain exterior changes.

Construction and technical standards. Building permits consider structural safety, fire protection, accessibility, energy efficiency, and environmental requirements. Fire protection follows VKF standards as enforced by the canton. Energy requirements derive from cantonal energy law and model standards. Tenant fit-outs can also require permits, especially when they change load, fire compartments, ventilation, or escape routes.

Environmental law. Federal and cantonal rules address contaminated sites, noise, air emissions, water protection, and waste. The canton maintains a register of potentially contaminated sites. Environmental due diligence is important for former industrial or transport-related plots. Noise-sensitive uses face limits near major roads or rail. Mitigation measures can be required as part of permits or leases.

Taxes and fees. On acquisitions in Basel-Landschaft, a property transfer tax and land register fees generally apply. Sellers are typically subject to real estate capital gains tax. The canton also levies an annual property tax. Municipal surcharges can apply. Commercial rents are VAT exempt by default, but landlords can opt to tax rent if the tenant uses the space for VATable activities. Opting has cash flow and input tax implications and must be reflected in lease drafting.

Foreign investment. The federal Lex Koller restricts acquisitions of residential property by foreign persons. Purely commercial properties are generally not restricted, but mixed-use or plots with future residential components may require analysis. Local pre-emption rights can apply in specific zones or to certain public entities, so title and planning checks are essential.

Entities and financing. Investors often acquire through a Swiss company registered with the Basel-Landschaft Commercial Register. Financing commonly includes mortgage liens registered in the land register. Intercreditor and non-disturbance arrangements between landlord, tenant, and lenders are standard for income-producing assets.

Frequently Asked Questions

What counts as commercial real estate in Arlesheim

Commercial real estate includes offices, shops, restaurants, hotels, warehouses, production facilities, logistics hubs, data centers, medical practices, and mixed-use developments where the primary use is business. Parking structures, ground leases, and undeveloped plots zoned for business uses are also treated as commercial.

Do I need a notary to buy property

Yes. Under Swiss law, purchase contracts for real estate must be notarized and the transfer must be registered in the land register to take effect. In Basel-Landschaft the notarization and registration are handled by the competent cantonal offices. Your lawyer coordinates with the notary and land register to ensure proper title transfer and registration of any easements, mortgages, or options.

Are foreign investors allowed to buy commercial property

Generally yes. The federal Lex Koller does not restrict the purchase of purely commercial property by foreign persons. Properties with residential components or future residential development potential require a case-by-case analysis. A lawyer can confirm classification and any approvals that may be needed.

How are commercial leases different from residential leases

Commercial leases offer more contractual flexibility on term, fit-out, rent structure, and deposit. If not otherwise agreed, the statutory notice period for business premises is six months to a quarter-end. Rent indexation to the consumer price index is common in long fixed terms. Some protective rules apply to both, such as the prohibition of abusive rent, the requirement for valid termination forms, and conciliation before litigation.

Can the landlord charge VAT on rent

By default commercial rent is exempt from VAT. The landlord can opt to tax the rent if the tenant uses the premises for VATable activities. Opting allows the landlord to recover input tax on costs but increases the tenant's gross rent by VAT. The option must be implemented correctly in the lease and with the tax authorities. Tenants should confirm their own VAT status and recoverability.

What taxes apply when I purchase commercial property in Basel-Landschaft

Typical taxes and fees include a cantonal property transfer tax, land register and notarization fees, and real estate capital gains tax payable by the seller. The canton also levies an annual property tax. Exact rates depend on the transaction, property location, and timing. Early tax planning can optimize costs, for example when transferring within a group or using share deals where appropriate.

What due diligence should I do before signing

Core checks include land register extract and plans, zoning and permitted use, building and fire safety approvals, environmental and contaminated sites records, structural and MEP condition, lease review if the asset is let, service charge budgets, energy performance, access and parking rights, taxes and fees, and any public law restrictions such as heritage protection. For leases, verify indexation mechanics, operating expense allocation, fit-out obligations, handback standards, and options or break rights.

How do building permits work in Arlesheim

The municipality applies cantonal building law. You file the permit application with the local authority, which consults relevant cantonal services for fire safety, environment, and spatial planning as needed. Many fit-outs and changes of use also require approval. Early pre-application meetings can clarify documentation, timelines, and neighbor participation requirements.

What happens if a landlord-tenant dispute arises

Most disputes must first go to the conciliation authority for tenancy matters in Basel-Landschaft. Many cases settle there. If settlement fails, the case can be brought to court. Urgent matters like unlawful lockouts can require interim measures. Your lawyer will assess deadlines, required forms, and evidence, and will represent you in conciliation and litigation.

Can I sublease or assign my commercial lease

Subleasing is permitted with landlord consent, which cannot be refused without good cause. Assignment normally requires landlord consent and is subject to the lease terms. It is best to negotiate clear clauses on assignment, group transfers, and change of control at the outset, especially for corporate tenants.

Additional Resources

Municipality of Arlesheim - Bauverwaltung. The local office for zoning, building permits, changes of use, signage approvals, and municipal regulations.

Canton Basel-Landschaft - Bau- und Umweltschutzdirektion. Cantonal authority for building law, fire safety oversight, environmental permits, and contaminated sites register.

Canton Basel-Landschaft - Amt für Raumplanung. Responsible for spatial planning and cantonal structure plans that guide municipal zoning.

Grundbuchamt Basel-Landschaft. Land register for title, easements, mortgages, and registration of transfers and rights.

Notariat Basel-Landschaft. Cantonal notarial services for real estate transactions and public deeds.

Schlichtungsbehörde für Mietangelegenheiten Basel-Landschaft. Conciliation authority for landlord-tenant disputes, including business premises.

Handelsregisteramt Basel-Landschaft. Commercial register for company formations, SPVs, and changes relevant to property holding structures.

Steuerverwaltung Basel-Landschaft. Cantonal tax authority for property transfer tax, real estate capital gains tax, and property tax questions.

Eidgenössische Steuerverwaltung. Federal tax authority for VAT registration and guidance on the option to tax commercial rents.

Schweizerischer Verband der Immobilienwirtschaft SVIT Nordwestschweiz. Professional association offering market insights and practitioner resources.

Next Steps

Clarify your objectives and constraints. Define the target property type, intended use, timing, budget, and any regulatory or technical sensitivities such as heavy use, special equipment, or food service.

Engage early with local authorities. Ask the Arlesheim Bauverwaltung about zoning fit and permit requirements, and request a planning and building history extract for the property.

Assemble your advisory team. Retain a commercial real estate lawyer, notary coordination support, a tax adviser familiar with Basel-Landschaft, and technical consultants for building, fire safety, and environmental due diligence. If financing, involve your lender early to align collateral and conditions precedent.

Conduct thorough due diligence. Obtain land register extracts, title plans, existing leases and service charge statements, permits, and environmental records. Validate permitted use and any heritage or noise constraints. For leases, pressure test indexation, break options, and repair obligations against your business plan.

Negotiate and document the deal. Use a clear letter of intent with exclusivity and conditions. For purchases, finalize the notarized deed with precise representations, conditions precedent, and handover protocol. For leases, align rent structure, fit-out scope, approvals, timelines, insurance, and handback standards. Address VAT option and operating expense allocation explicitly.

Secure permits and close. Submit required applications, coordinate neighbor notifications if needed, and plan realistic timelines for approvals and fit-out. Complete notarization and land register steps for acquisitions, and register any easements or mortgage rights. For leases, schedule a detailed handover with inventory and condition report.

Monitor compliance. Keep track of rent indexation dates, maintenance and inspection obligations, fire safety checks, and permit renewals. Update your advisers promptly if your use changes or if you plan alterations that could require new approvals.

This guide provides general information only. For decisions on a specific property or lease in Arlesheim, obtain tailored legal advice based on the current federal, cantonal, and municipal framework and the documents of the particular asset.