Best Commercial Real Estate Lawyers in Arlesheim

About Commercial Real Estate Law in Arlesheim, Switzerland

Arlesheim is a municipality in the canton of Basel-Landschaft, embedded in the Basel economic region with strong life sciences, logistics, and services sectors. Commercial real estate in Arlesheim includes office buildings, mixed-use assets with retail on the ground floor, logistics and light industrial properties in designated business zones, and development land. Transactions and leasing are governed by federal Swiss law together with cantonal and municipal rules. Property ownership and registration are handled through the land register, contracts for the sale of real estate and mortgages require notarization, and planning and building matters are addressed locally by the municipality with oversight from cantonal authorities.

Compared with many jurisdictions, Swiss commercial real estate law is stable and predictable. Parties have considerable contractual freedom, particularly in commercial leases, but must observe mandatory rules on form, registration, zoning, environmental protection, and taxes. Foreign investors are generally permitted to acquire pure commercial property without special authorization, which makes Arlesheim an accessible location for cross-border investment tied to the Basel area.

Why You May Need a Lawyer

Commercial real estate matters often involve high values, long time horizons, and regulatory interfaces. A lawyer can help you manage risk and keep a project on schedule. Common situations that call for legal support include the following.

Purchasing or selling an asset - drafting or reviewing the purchase agreement, organizing due diligence, coordinating the notary and land register, allocating risks through representations and warranties, and structuring conditions precedent.

Leasing or subleasing - negotiating rent, fit-out and tenant improvements, rent indexation clauses, maintenance allocation, termination rights, and security. Ensuring the lease terms comply with Swiss tenancy law while preserving commercial flexibility.

Development and construction - analyzing zoning, obtaining a building or change-of-use permit, negotiating development agreements, handling neighbor objections, addressing environmental and heritage constraints, and managing construction procurement and contracts.

Financing - setting up mortgage security through a land charge, negotiating loan and security documentation, and coordinating with the notary and land register.

Cross-border or foreign investment - confirming Lex Koller status, corporate structuring, VAT options on rent, and repatriation of funds.

Tax planning - assessing property transfer tax, real estate gains tax, notary and registry fees, and VAT treatment of rent and ancillary services.

Disputes - rent adjustments, defects and warranty claims, delays in delivery of premises, neighbor and nuisance issues, and enforcement of security.

Local Laws Overview

Property and land register - Transfers of real estate and mortgages must be executed before a notary and are effective upon registration in the land register of Basel-Landschaft. The register shows ownership, encumbrances, easements, mortgages, and certain annotated rights such as pre-emption or rights of first refusal if agreed.

Civil and contract law - The Swiss Civil Code and the Swiss Code of Obligations govern property rights and contracts. Commercial leases are subject to tenancy law, but parties have wider freedom than in residential leases. Statutory notice periods and certain protections still apply.

Planning and building - Zoning, land use, and building permits are governed by federal spatial planning principles and the cantonal planning and building law of Basel-Landschaft, implemented locally by the Municipality of Arlesheim. Projects require a building permit for new construction, substantial refurbishments, change of use, signage, and in many cases for interior works that affect structure, fire safety, escape routes, or building services. Neighbor notification and an objection period are standard. Heritage, archaeology, and landscape protections may apply, particularly near historic sites.

Environmental law - Federal and cantonal environmental rules apply to noise, air emissions, soil and groundwater protection, and contaminated sites. Environmental due diligence should cover the publicly maintained contaminated sites register, historic uses, storage of hazardous materials, and compliance with noise and energy standards for building systems.

Foreign investment - The Federal Act on the Acquisition of Real Estate by Persons Abroad, commonly called Lex Koller, generally does not restrict the acquisition of pure commercial property by non-Swiss persons. Mixed-use or residential components, as well as conversions to residential use, can change the analysis and should be reviewed in advance.

Taxes and fees - Transactions typically involve a cantonal property transfer tax, a separate real estate gains tax on the seller, and notary and land registry fees. Rates and exemptions depend on the facts and cantonal rules. Commercial rents can be opted into VAT by the landlord to enable input tax recovery on costs, subject to conditions.

Construction and fire safety - Design and construction follow applicable Swiss standards and fire safety rules. Fit-out works in leased premises require landlord consent and may require permits. Accessibility, energy efficiency, and fire protection are key review points in permit applications.

Long-term rights - A building right, known as a Baurecht, allows a party to build on land owned by another for a long term and is registered in the land register. It can be used to structure developments or public-private projects.

Public procurement - If contracting with public authorities or state-affiliated entities, public procurement rules can apply to construction and service contracts, with formal tender procedures.

Frequently Asked Questions

What types of commercial property are common in Arlesheim

Arlesheim features office and laboratory buildings tied to the Basel life sciences cluster, retail units on central streets, light industrial and logistics facilities in business zones, and development plots near transport corridors. Mixed-use assets with retail on the ground floor and offices above are also common.

Do foreign investors need special permission to buy commercial property

Generally no. Pure commercial real estate is usually exempt from Lex Koller authorization, so non-Swiss persons can acquire it. If a property has residential components, or a planned conversion would create residential use, authorization requirements can arise. Always confirm the use classification and plans before signing.

How does the purchase process work

After heads of terms and due diligence, the parties sign a notarized purchase deed. The notary files for registration in the land register. Economic closing is coordinated with registration and payment of the purchase price, taxes, and fees. Possession and risk usually transfer at closing. Title insurance is uncommon in Switzerland because of the reliability of the land register.

What taxes and fees should I budget for in Basel-Landschaft

Expect a property transfer tax, notary and land registry fees, and for the seller a real estate gains tax on profit from the sale. The exact amounts depend on the purchase price, holding period, and any exemptions. A lawyer or tax adviser can provide a transaction-specific estimate.

How are commercial leases regulated

Commercial leases are governed by the Swiss Code of Obligations. Parties have freedom to agree rent, indexation, maintenance, and fit-out responsibilities. Mandatory rules still apply, including notice periods, limits on penalty clauses, and rules on security deposits. Rent can be tied to the Swiss Consumer Price Index or adjusted by step rents, subject to the agreed clauses.

Can rent be subject to VAT

Yes. Landlords may opt to subject commercial rent to VAT, allowing input VAT recovery on related costs. The option requires consistent treatment and proper invoicing. Residential rent cannot be opted in. Check whether the landlord has opted in and how this affects your cost base.

What is a Baurecht and when is it used

A Baurecht is a long-term, transferable building right registered in the land register. The holder builds and operates on land owned by another and pays a periodic land rent. It is used for developments that separate land ownership from building operation, including public-private projects and long-term site control.

Do I need a building permit for interior works

Many interior works that affect structure, fire protection, escape routes, building services, or change the use of the premises require a building permit. Even light refurbishments can require approval in protected buildings. The Municipality of Arlesheim reviews applications and coordinates cantonal inputs where needed.

How long does the building permit process take in Arlesheim

Timeframes vary with project complexity and whether objections are filed. Straightforward projects can take a few weeks to a few months from complete submission. Projects with environmental, traffic, or heritage issues, or those facing neighbor objections, can take longer. Early pre-application consultations help reduce delays.

What should be covered in due diligence

Review land register excerpts, site plans, easements, zoning and permitted uses, building permits and compliance history, lease and rent roll data, service charge budgets, environmental and contaminated site records, fire safety and energy certificates, structural and MEP reports, insurance, ongoing disputes, and tax exposures including transfer and real estate gains tax. Confirm that the current use matches zoning and permits.

Additional Resources

Municipality of Arlesheim - Building and planning office for local permits, zoning plans, and neighbor notifications.

Basel-Landschaft Land Registry - Maintains ownership records, easements, and mortgages for properties in Arlesheim.

Notary services in Basel-Landschaft - Execute notarizations for property transfers, mortgages, and building rights.

Basel-Landschaft Office for Spatial Planning - Oversees cantonal planning instruments and coordinates with municipalities.

Basel-Landschaft Environmental and Energy Office - Guidance on contaminated sites, noise, air, waste, and energy standards.

Basel-Landschaft Tax Administration - Information on property transfer tax, real estate gains tax, and fee tariffs.

Swiss Federal Office for Spatial Development - Federal guidance on spatial planning principles applicable in all cantons.

Swiss Real Estate Association SVIT - Industry best practices and market information relevant to commercial property.

Next Steps

Define your objectives and constraints, including property type, budget, timing, and operational needs. Identify whether you plan to buy, lease, develop, or refinance.

Engage local counsel with commercial real estate experience in Basel-Landschaft. Ask for a clear scope, timeline, and budget. If foreign-owned, confirm Lex Koller implications early.

Assemble your advisory team, including a notary, tax adviser, technical engineer, and where relevant an environmental consultant and architect.

Request and review core documents early, such as the land register extract, zoning plan, existing permits, leases, and building documentation. Commission targeted technical and environmental checks.

Align on transaction structure, price mechanisms, and key risk allocations. For leases, clarify fit-out, handover condition, rent indexation, and exit rights. For purchases, agree on conditions precedent, warranty scope, and closing mechanics.

Plan the permit pathway with the Municipality of Arlesheim if your project involves construction or change of use. Consider a pre-application meeting to surface issues and streamline review.

Confirm the tax position and cash flow for transfer taxes, notary and registry fees, VAT treatment of rent and services, and potential real estate gains tax.

Prepare for closing by scheduling notarization, arranging funds and guarantees, and coordinating registration with the land registry. Ensure insurance and operational handover are in place on day one.

This guide provides general information for Arlesheim and Basel-Landschaft. It is not legal advice. Always consult a qualified lawyer for your specific project.