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Free Guide to Hiring a Real Estate Lawyer
Conveyancing covers the legal work required to transfer ownership of real estate from one person to another. In Chur, the capital of the Canton of Graubünden, conveyancing follows Swiss federal law together with cantonal and municipal rules. Key features include a public land register that records ownership and encumbrances, the common use of notarial or notarised deeds for transfers, and a focus on clear title and registration as the central act that changes who is recognised as the legal owner.
Although the main principles are set out in the Swiss Civil Code, many procedural details - for example how notaries operate, filing requirements and local taxes or fees - are governed at the cantonal or municipal level. That means that transactions in Chur will reflect both national law and Graubünden practice and fees.
Conveyancing often involves legal complexity and financial risk. You may need a lawyer in the following situations:
- Buying a property and you want a professional to verify title, encumbrances and servitudes before you sign.
- Selling a property and you need help drafting the sales contract, preparing clear title documentation and arranging discharge of mortgages.
- Dealing with mortgages, loan security arrangements and registration of mortgage claims in the land register.
- Buying as a non-resident or foreign national where permission under federal rules may be required.
- Disputes about boundaries, easements, building permits or restrictive covenants.
- Complex ownership structures such as inherited property, company-owned real estate, cooperative apartments or property with multiple owners.
- Ensuring compliance with cantonal and municipal building and zoning regulations when planning renovation, extension or change of use.
Below are the key legal and procedural aspects especially relevant to conveyancing in Chur:
- Swiss Civil Code - property law. Ownership, rights in rem and servitudes are governed by the Swiss Civil Code. The land register records ownership and key encumbrances.
- Land register (Grundbuch). The transfer of ownership normally becomes effective against third parties only after registration in the land register. The register records title, mortgages and other rights affecting the property.
- Notarial involvement. Many cantons require notarised deeds or the involvement of an official notary or comparable official for property transfers. The notary performs identity checks, prepares the deed and often assists with registration.
- Cantonal and municipal regulation. Graubünden and the City of Chur set local rules on planning and building permissions, zoning, and certain local taxes and fees. Buyers must verify permitted uses and development potential with the municipality.
- Taxes and fees. Transaction costs typically include notary and land register fees, possible property transfer taxes or levies (these vary by canton or municipality), real estate agent fees if a broker is used, and mortgage registration fees. Capital gains tax on sale is handled at cantonal level and varies by holding period and other factors.
- Foreign ownership rules - Lex Koller. Federal law regulates acquisition of Swiss real estate by persons abroad. Non-resident foreign buyers often need prior authorisation, particularly for second homes and investment properties. Local rules in tourist regions can be stricter.
- Building and planning permissions. Any planned construction, extension or change of use generally requires approval from the Chur building authority and must comply with local zoning plans and building codes.
- Energy and safety certificates. Certain documents such as energy performance certificates or certificates for heating systems may be required for sale or renovation work under cantonal or municipal rules.
The notary typically prepares or supervises the sales deed, verifies identities, confirms the legal capacity of parties, ensures that conditions precedent are met and forwards the application for entry in the land register. The notary also ensures the correct discharge and registration of mortgages. The exact role can vary with cantonal practice, but involvement of an impartial official is common to provide legal certainty.
Under Swiss practice, legal ownership is effective against third parties once the transfer is entered in the land register. The contractual agreement between buyer and seller can specify when risk or possession passes, but registration is the decisive step for legal title.
Key checks include confirming the seller is the registered owner, checking for mortgages, liens or servitudes, verifying planning and building permissions, assessing boundary and access rights, and confirming any contractual obligations tied to the property. A lawyer or notary can perform a full title search and advise on findings.
Foreign nationals may be subject to federal restrictions under the Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller). Non-resident buyers often need authorisation for purchases, especially for secondary homes or investment properties. The exact requirements depend on nationality, residency and the intended use of the property.
Lenders protect loans by registering mortgage claims in the land register. A mortgage entry creates a real security right. If the borrower defaults, the lender has legal routes to enforce its claim, including forced sale procedures. Mortgage registration is typically handled through the notary or directly with the land register.
Responsibility for notary fees, land register fees, taxes and agent commissions is usually negotiable and recorded in the sales contract. Local custom can influence who pays which costs. Make sure contracts specify the allocation of fees and taxes.
A preliminary agreement can set out the main terms of sale and may include a deposit or reservation payment. It can be useful to secure the property while parties complete due diligence or obtain financing. Because such agreements create legal obligations, have them drafted or reviewed by a lawyer or notary.
Timing depends on complexity, whether permits are needed, mortgage approval time and land register processing. Simple transactions may complete in a few weeks after contract signature and registration steps, while more complex deals or those requiring special permits can take several months.
If undisclosed encumbrances are discovered after purchase, remedies depend on the contract and circumstances. Possible actions include claiming compensation from the seller, seeking correction of records or, in severe cases, annulment of the contract. A thorough title search before completion reduces this risk.
A local lawyer or notary with experience in Graubünden conveyancing is often advantageous because they are familiar with the Cantonal land register, municipal practice in Chur and local planning authorities. If your transaction has cross-border elements or complex financing, a firm with broader expertise may also be helpful.
Below are institutions and resources that can help you find authoritative information or professional assistance in Chur:
- Cantonal Land Registry - Grundbuchamt Graubünden - for land register entries and procedural information.
- City of Chur - Building and Planning Authority - for zoning, building permits and local planning rules.
- Canton of Graubünden - Cantonal Administration - for cantonal taxes, fees and local legal practice.
- Swiss Federal Act on the Acquisition of Real Estate by Persons Abroad (Lex Koller) - for rules on foreign ownership.
- Swiss Civil Code - for fundamental property and real rights rules.
- Swiss Notaries Association and local notaries in Graubünden - for notarial formalities and certified deeds.
- Swiss Bar Association and local Chur lawyers specialising in real estate - to locate an experienced conveyancing lawyer.
- Consumer protection organisations and local real estate associations - for practical guidance on costs and service standards.
If you require legal assistance with conveyancing in Chur, follow these practical steps:
- Gather key documents: identity papers, current land register extract if available, building plans, any existing mortgage or loan documentation and relevant sales material.
- Obtain pre-approval from your lender or confirm financing options so you know your purchasing capacity and timing.
- Contact a local notary or a conveyancing lawyer in Chur. Ask for a written engagement letter that explains services and fees.
- Commission a title search and full due diligence early - this will reveal mortgages, servitudes and planning restrictions that may affect the deal.
- If you are a foreign buyer, check whether you need authorisation under Lex Koller and start the permit process as early as possible.
- Agree who will pay transaction costs and have this reflected in the sales contract. Ensure the contract includes any conditions precedent you need - for example financing or permit approvals.
- Coordinate registration, payment and handover through your lawyer or notary, and keep copies of all signed documents and the land register entry once the transfer is complete.
Conveyancing can be straightforward with good preparation and the right professional advice. If you are unsure at any stage, consult a local conveyancing lawyer or notary to protect your interests and ensure the transaction complies with all local and cantonal requirements.
