Best Commercial Real Estate Lawyers in Dornach

About Commercial Real Estate Law in Dornach, Switzerland

Dornach is a municipality in the canton of Solothurn, located in the Basel economic region. Commercial real estate in Dornach spans offices, retail units, hospitality premises, industrial and logistics sites, mixed-use properties, and development land. Transactions and projects are shaped by Swiss federal private law on property and contracts, cantonal rules on building and planning, and municipal zoning and permitting. The market benefits from good transport links, proximity to Basel, and access to a skilled workforce, which together make Dornach attractive for occupiers and investors.

Swiss law is stable and predictable. Property rights are recorded in a public land register, long-term leases can be secured, and construction standards are well developed. At the same time, public law controls land use and building permissions tightly. Parties should plan for detailed due diligence, clear contractual arrangements, and careful coordination with local authorities.

Why You May Need a Lawyer

Acquisition or sale of property requires notarization and land register entry. A lawyer coordinates the transaction, reviews title and encumbrances, negotiates warranties and risk allocation, liaises with the notary, and ensures regulatory compliance.

Leasing of business premises involves rent review mechanisms, fit-out obligations, handover standards, subletting and assignment, and termination rights. A lawyer can draft and negotiate balanced lease terms and advise on statutory notice requirements.

Development and construction projects must navigate zoning, design standards, neighbor rights, environmental requirements, and permits. Counsel can structure contracts with architects and contractors, manage tendering, and address objections during public notice.

Financing relies on mortgages and security interests recorded in the land register, often using a register debt certificate. A lawyer works with lenders on security packages, intercreditor terms, and drawdown conditions.

Cross-border investment raises questions under the federal law on acquisition of property by persons abroad. A lawyer assesses whether the planned acquisition is permissible and whether any filings are needed.

Environmental and infrastructure issues such as contaminated sites, water protection zones, noise limits, and easements can materially affect value and use. Legal due diligence helps identify liabilities and mitigation strategies.

Disputes may arise over construction defects, delays, lease terminations, or service charges. Early legal assessment can preserve rights, support negotiation, or prepare for conciliation and court proceedings.

Local Laws Overview

Ownership and land register. Ownership, easements, and mortgages are governed by the Swiss Civil Code. Transfers of property and the creation of most real rights require a notarized deed and registration in the land register. The land register shows ownership, liens, easements, and annotations such as a pre-emption right or a long-term lease annotation. In Solothurn, land registry services are organized at cantonal or district level. Your notary or lawyer will coordinate with the competent office for Dornach.

Leasing. Business leases are governed by the Swiss Code of Obligations. Key points include default notice periods of six months for business premises, the principle that a sale does not break the lease, mechanisms for rent adjustments, and rules on defects and maintenance. Unlike residential leases, there is no statutory cap on commercial security deposits. In practice, rent adjustments or terminations may need to be served on an official cantonal form. Parties can request review of abusive rents, but the thresholds and practice differ from residential cases.

Planning and building. Land use is controlled by federal, cantonal, and municipal planning law. The Federal Spatial Planning Act sets the framework. The Canton of Solothurn implements planning and building rules through its cantonal planning and building legislation and ordinances. Dornach adopts a municipal zoning plan and building and zoning regulations that define permitted uses, building volumes, parking, and design. New developments and many alterations require a building permit from the municipality. Applications are publicly notified, and neighbors may object within a set period.

Environmental. Federal environmental law applies, including the Environmental Protection Act, the Contaminated Sites Ordinance, the Noise Abatement Ordinance, and the Water Protection Act. Cantonal authorities maintain the contaminated sites cadastre and enforce noise and water protection zones. Environmental conditions, including soil contamination and groundwater protection, are often decisive for industrial or logistics projects.

Construction contracts. Construction and design contracts are governed by the Code of Obligations and commonly incorporate SIA standards published by the Swiss Society of Engineers and Architects. The statutory warranty period for defects in buildings is generally five years. SIA standards provide detailed procedures for acceptance, defect notification, and retention, which should be expressly agreed in the contract.

Taxes and fees. In Solothurn, property transfers typically trigger a property transfer tax and notary and land registry fees. Gains on the sale of real estate are subject to a cantonal real estate gains tax, with rates depending on holding period and gain amount. Leases are generally exempt from VAT, but landlords may opt to tax the rent to recover input VAT on costs. Specific tax outcomes depend on structure and should be assessed case by case.

Foreign investors. Under the federal law on acquisition of real estate by persons abroad, most acquisitions of commercial and industrial property by non-residents are generally permitted without an authorization. Residential property and certain mixed-use assets can be restricted. Proper classification and documentation are important.

Public procurement. If you are constructing or leasing to public bodies, federal and cantonal public procurement rules may apply to the selection of planners and contractors.

Public-law restrictions. Switzerland maintains a cadastre of public-law restrictions on landownership. It compiles zoning, noise sensitivity levels, contaminated sites, and other restrictions. Review of these entries is standard in due diligence.

Language and procedure. Dornach is German-speaking. Application forms, official notices, and court or conciliation procedures are usually in German. Certified translations or German-language counsel are advisable for non-German speakers.

Frequently Asked Questions

What due diligence should I perform before buying commercial property in Dornach

Review the land register extract for ownership, mortgages, easements, and annotations. Check the municipal zoning plan and building and zoning regulations to confirm your intended use and development potential. Obtain a building file from the municipality to review permits and compliance. Verify the public-law restrictions cadastre entries. Assess environmental risks such as contaminated sites or noise limits. Confirm utilities, access rights, and parking requirements. Review leases, service charge accounts, and tenant compliance if the property is let. Analyze taxes and transaction costs. A lawyer coordinates these checks and resolves issues before signing.

How long does a typical commercial property purchase take

With good preparation, a straightforward asset deal can complete in six to ten weeks. Time is needed to gather due diligence documents, negotiate the sale and purchase agreement, obtain financing approvals, and schedule notarization and land register entry. If public-law issues, complex easements, or environmental matters arise, timelines can extend.

Do I need a notary to buy or sell property

Yes. Transfers of ownership and the creation of most real rights must be notarized and registered. The notary drafts the deed, confirms the parties identity and capacity, and files for land register entry. Lawyers work alongside the notary to negotiate commercial terms and allocate risks.

Can a foreign company buy an industrial or office building in Dornach

In general, foreign persons may acquire commercial and industrial property in Switzerland without prior authorization. Restrictions apply mainly to residential property. Your lawyer will confirm classification and any specific conditions.

What are the default notice periods for business leases

Unless the lease provides otherwise, the statutory default notice period for business premises is six months, typically to the end of a calendar quarter. Parties often agree on specific terms and dates in the lease. Always check the written contract and any local form requirements for notices.

Can I secure a long-term lease against a sale of the property

Yes. The lease can include an annotation in the land register that protects it against new owners. Even without an annotation, the general rule is that a sale does not break the lease, but annotation adds security and clarifies priority against third parties.

What permits do I need to change use or refurbish a building

Most changes of use, enlargements, facade changes, and significant interior works require a building permit from the municipality. Minor works may be exempt or notified. The municipal building authority in Dornach advises on requirements, and the canton may be involved for environmental or heritage aspects.

How are construction defects handled under Swiss law

The Code of Obligations provides a five-year warranty period for defects in buildings. Many contracts incorporate SIA standards, which set procedures for acceptance, defect notification, and rectification, and often include a two-year period of heightened inspection followed by continued rights for hidden defects. Clear contract drafting is key to preserving remedies.

What transaction costs should I expect

Budget for the purchase price, notary fees, land registry fees, and cantonal or municipal transfer tax. If there is a gain, a real estate gains tax applies to the seller. Financing incurs bank fees and mortgage registration costs. If VAT is opted on the property or rent, coordination with tax advisors is required to avoid cash flow issues.

Is subletting or assignment allowed in commercial leases

Swiss law permits subletting and assignment with the landlord’s consent, which cannot be refused without valid reason. Commercial leases usually include tailored clauses on permitted subletting, transfer on business sale, and conditions such as disclosure and liability. Agreeing clear rules upfront reduces disputes.

Additional Resources

Municipality of Dornach - Building Authority and Planning Office for zoning, permits, and building files.

Canton of Solothurn - Department responsible for planning and building, including cantonal building and planning legislation and environmental enforcement.

Land Registry Office of the Canton of Solothurn - Land register extracts, registrations, and guidance on procedures.

Conciliation Authority for Tenancy and Lease Matters in the Canton of Solothurn - First instance for lease disputes and rent reviews.

Notary Public Offices in the Canton of Solothurn - Notarization of property transfers and registration deeds.

Swiss Federal Office for Spatial Development - Framework on spatial planning and coordination with cantons and municipalities.

Swiss Federal Office for the Environment - Guidance on contaminated sites, noise, and water protection rules affecting development.

Cadastre of Public-Law Restrictions on Landownership - Official source for zoning, noise sensitivity, contaminated sites, and other public-law entries.

Swiss Society of Engineers and Architects - SIA standards commonly used in construction and design contracts.

Solothurn Bar Association and Swiss Bar Association - Directories to find lawyers experienced in commercial real estate.

Next Steps

Clarify your objectives. Define the property type, intended use, timing, budget, and financing. Identify whether you plan to buy, lease, or develop.

Engage local advisors early. Retain a lawyer experienced in Swiss commercial real estate and the Basel-Solothurn region. For technical and valuation aspects, add an architect or engineer and a tax advisor.

Request key documents. Ask for the land register extract, site plan, zoning certificates, building files, lease schedules, service charge statements, environmental reports, and any existing surveys.

Run a focused feasibility check. Have your advisors confirm permitted use, development potential, parking and access, infrastructure capacity, and any showstoppers such as protected trees, heritage status, or contaminated soil.

Structure the deal. Decide on asset deal or share deal, financing package, security, and tax considerations. Agree on heads of terms and a timeline to signing and closing.

Negotiate and document. Your lawyer will draft or review the sale agreement or lease, coordinate conditions precedent, allocate risks, and align deliverables such as permits and tenant estoppels.

Plan for permits and works. If you need a change of use or construction, prepare a permit strategy and align design with municipal and cantonal requirements. Build in time for public notice and possible objections.

Prepare for completion and handover. Arrange notarization, land register filings, funds flow, insurance, and key handover. For leases, document the condition at entry and agree fit-out and acceptance protocols.

Set up compliance and operations. Register for taxes where needed, calendar rent review and notice deadlines, maintain health and safety compliance, and monitor environmental and building obligations.

If you face a dispute or a regulatory hurdle, contact a lawyer promptly. Early advice helps preserve rights and often leads to faster, lower-cost solutions through conciliation or negotiated settlements.