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Free Guide to Hiring a Real Estate Lawyer
Commercial real estate in Chur sits at the intersection of federal, cantonal and municipal law. Chur is the capital of the Canton of Graubünden and commercial property activities there are shaped by Swiss federal rules, cantonal planning and building rules, and municipal implementation. Transactions and disputes commonly involve purchase and sale contracts, leases for offices, shops and industrial premises, building permits, easements and servitudes, environmental obligations, and tax consequences. Notaries, the land register and local authorities play central roles in transfers and encumbrances. Because Switzerland allocates many competences to the cantons and municipalities, local practice and administrative requirements in Chur matter as much as general Swiss rules.
Commercial real estate matters routinely raise legal, financial and regulatory risks. You may need a lawyer in situations such as:
- Buying or selling commercial property - to draft and review purchase agreements, perform due diligence, and ensure correct notarial and land register procedures.
- Negotiating, drafting or terminating commercial leases - to protect your rights and define maintenance, rent adjustment and termination rules under the Swiss Code of Obligations and local practice.
- Development and construction projects - to secure planning permissions, negotiate construction contracts, manage subcontractor and warranty issues, and handle disputes.
- Financing and securities - to set up mortgages, review loan agreements and structure security packages.
- Regulatory compliance - to manage zoning, building permit procedures, heritage protection, environmental obligations and energy requirements.
- Disputes and litigation - to represent you in court, arbitration or mediation on landlord-tenant disputes, defective construction, easement conflicts and contract claims.
- Structuring and tax planning - to advise on tax consequences of transactions, VAT treatment and optimal ownership structures for investment and liability reasons.
This overview highlights the main legal areas to understand when dealing with commercial real estate in Chur.
- Swiss Civil and Contract Law - Many commercial lease and sale issues are governed by the Swiss Code of Obligations. Contract drafting and general obligations law are governed federally.
- Cantonal and Municipal Planning Law - Land use planning, zoning and building permits are regulated at the cantonal and municipal level. Graubünden and the Stadt Chur have local development plans and building regulations that determine permitted uses, building heights, density and protected areas.
- Building Permits and Supervision - Any construction, extension or significant change of use requires a building permit issued by the municipal building authority. Permit procedures include technical checks, neighbour notification and compliance with safety and energy rules.
- Land Register and Notarial Formalities - Transfers of real property and mortgage registrations are executed via notaries and entered in the Land Register. Title, encumbrances and servitudes are recorded and form part of due diligence.
- Environmental Obligations - Soil contamination, groundwater protection and waste rules are important for commercial sites. Liability for contamination can affect buyers and developers, so environmental due diligence and remediation obligations must be checked early.
- Heritage and Monument Protection - Parts of Chur contain historically protected buildings and zones. Special rules apply to alterations and restorations, often requiring additional authorizations.
- Taxes and Duties - Property-related taxes vary by canton. Cantonal property gains tax, municipal taxes and possible transfer costs apply. VAT can be relevant for commercial leases and sales in certain structures.
- Tenant and Landlord Rights - Swiss lease law provides protections and obligations for both parties, including notice periods, rent adjustment mechanisms and security deposits. Commercial leases offer more freedom to contract than residential leases, but statutory rules still apply.
Perform thorough due diligence: verify title and encumbrances in the Land Register, check zoning and permitted uses with the municipal planning office, obtain copies of building permits and as-built documentation, review existing leases and tenant obligations, commission environmental and structural surveys, and assess tax consequences. Engage a lawyer early to structure the purchase agreement and coordinate notarial and registration steps.
Yes. In Switzerland, transfers of real property require notarial involvement. The notary prepares the deed, ensures the correct formalities, handles consent and signatures, and submits documents for registration in the Land Register. A lawyer can work with or be the notary if they are qualified and appointed to perform notarial functions in the canton.
Commercial leases are primarily governed by the Swiss Code of Obligations, but parties have wide freedom to agree terms. Key elements include rent, security deposits, duration and termination conditions, maintenance responsibilities, liability for defects, subletting rules and procedures for rent adjustments. Local practice and the specific wording of the lease determine many outcomes.
Most renovations that change the building structure, the facade, the use or fire safety systems require a building permit from the municipal building authority. For listed or protected buildings, additional heritage approvals are necessary. You should check with Stadt Chur’s building department and submit the required plans, technical documentation and safety reports.
Liability for contamination can affect current owners as well as actors who caused pollution. Swiss environmental law can impose remediation obligations on owners and past polluters. Buyers should therefore order an environmental site assessment and negotiate seller warranties or remediation commitments into the purchase agreement.
Yes. Historic or protected buildings are subject to monument protection rules. Alterations, restorations and sometimes changes in use require approval from the relevant cantonal or municipal conservation authorities. Condition-based or design-based restrictions may apply, and grants or tax incentives can be available for approved restorations.
Mortgages and other real estate security interests are registered in the Land Register. Registration establishes priority among creditors. Lenders typically require a mortgage entry and may also require additional contractual securities. A notary and the Land Register office handle the registration process.
Taxation includes cantonal and municipal taxes, possible property gains tax on sellers, and ongoing property taxes or municipal charges. VAT may apply in specific types of commercial transactions. Tax treatment varies with the transaction structure and the canton, so obtain advice on expected taxes and opportunities to optimize the structure.
Timelines vary. A straightforward purchase with clean title and financing can take a few weeks to a few months. More complex deals involving planning approvals, leases, environmental remediation or financing conditions can take several months or longer. Allow time for due diligence, drafting of agreements, notarial steps and Land Register registration.
Ask about their experience with commercial real estate in Graubünden and Chur, past transactions or disputes similar to yours, fee structure and estimates, who will handle your file, expected timeline, and whether they will coordinate with notaries, surveyors and tax advisors. Request references and clarification on language capabilities if you require services in German or another language.
Useful bodies and organizations to consult or contact include:
- Stadt Chur - Building Department and municipal planning office - for local zoning and building permit requirements.
- Canton of Graubünden - Office for spatial planning and building law - for cantonal planning instruments and building regulations.
- Land Register Office of Graubünden - for title searches and registration matters.
- Cantonal Tax Office - for information on property taxes, property gains tax and local tax practice.
- Federal Office for the Environment - for environmental standards and obligations.
- Swiss Code of Obligations - for the general rules governing leases and commercial contracts.
- Swiss Notaries and local notaries in Graubünden - for notarial services and property transfer formalities.
- SVIT Switzerland and local real estate associations - for market practice, professional guidance and industry standards.
- Commercial Chamber and local business associations in Chur - for local business environment and networking.
If you need legal assistance with commercial real estate in Chur, consider these practical next steps:
- Collect key documents - current land register extract, building plans and permits, existing leases, recent invoices for maintenance and taxes, environmental reports, and any mortgage or encumbrance details.
- Make an initial consultation appointment with a lawyer experienced in commercial real estate and local practice in Graubünden. Prepare a concise summary of your goals and concerns to enable an efficient first meeting.
- Request a written engagement letter or fee estimate - confirm fee structure, who will handle the file, and an estimated timeline.
- Order targeted due diligence - title search, zoning confirmation, environmental assessment and structural surveys depending on transaction risks.
- Coordinate with notaries, surveyors, lenders and tax advisors early in the process to avoid surprises and ensure timely registration and financing arrangements.
- Consider dispute prevention - include clear contractual clauses on condition precedent, default remedies, dispute resolution and jurisdiction or arbitration clauses tailored to your needs.
- If language or cultural differences are a concern, choose a lawyer who can advise in your preferred language and who understands local administrative practice in Chur.
Commercial real estate can be rewarding but legally complex. Early legal engagement, focused due diligence and careful contract drafting are the best ways to protect your investment and achieve your objectives in Chur.
