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Free Guide to Hiring a Real Estate Lawyer
Chur, Switzerland Attorneys in related practice areas.
Real estate law in Chur is governed by a combination of federal law, cantonal rules for the Canton of Graubünden and municipal regulations for the city of Chur. Key federal statutes include the Swiss Civil Code and the Code of Obligations, which cover ownership, contracts and tenancy. Cantonal and municipal law regulates land use, building permissions, spatial planning and certain taxes. Property rights are recorded in the land register - the official public register that shows ownership, mortgages and any encumbrances. Buying, selling, financing or developing property in Chur therefore involves coordination with notaries, banks, the cantonal land registry and the municipal building authority.
The local context matters. Chur is the cantonal capital of Graubünden and sits within a mountainous region that has additional considerations such as protected landscapes, tourism-related rules and restrictions on secondary residences. Buyers, sellers and property owners in Chur must account for these local layers when making decisions or seeking legal advice.
Real estate transactions and disputes can be complex and carry significant financial risk. You may need a lawyer in the following common situations:
- Buying or selling property where you want help with due diligence, contract drafting and risk allocation.
- Financing the purchase or restructuring secured debt, including advice on mortgage registration and repayment obligations.
- Disputes between co-owners, condominium associations or neighbours - for example over access rights, maintenance obligations or cost-sharing.
- Development, major renovation or subdivision where land use law, building permits and environmental or heritage rules apply.
- Lease or tenancy disputes - either as landlord or tenant - including rent adjustments, deposit claims and eviction procedures.
- Succession and division of real estate after inheritance or divorce, where statutory rules and family property regimes affect ownership and transfers.
- If you are a non-resident, to check whether restrictions on acquisition apply and to obtain required permissions.
A local lawyer with experience in Graubünden and municipal practice in Chur will help you understand steps, liaise with relevant authorities and reduce legal and financial exposure.
Key legal points relevant to real estate in Chur include the following:
- Land register and property rights - Ownership, easements, mortgages and other encumbrances are documented in the cantonal land register. Entry in the land register is decisive for legal certainty.
- Public deed requirement - Real estate transfers typically require a formal deed. A notary or competent official usually prepares or authenticates the deed and initiates the land register entry.
- Cantonal and municipal planning law - The Canton of Graubünden and the City of Chur administer spatial planning and building law. Building permits and compliance with zoning, heritage and environmental rules are required for new construction and significant alterations.
- Restrictions on acquisition by foreigners - Federal rules restrict acquisition of Swiss real estate by persons abroad. Cantonal practice may further regulate second residences and tourist apartments. Non-residents should check eligibility and permission requirements before contracting to buy.
- Tenancy law - Residential and commercial leases are primarily regulated by the Code of Obligations. Rights and obligations for landlords and tenants include rules on rent, deposits, termination and eviction.
- Co-ownership and condominiums - The ownership of individual units and shared parts of a building is governed by rules on "Stockwerkeigentum" and common ownership, including statutory duties for maintenance and decision-making.
- Mortgages and secured interests - Mortgages must be registered in the land register to be effective against third parties. Mortgage notices and priority affect lenders and buyers.
- Taxes and duties - Purchases, gains on sale and property ownership may trigger cantonal and municipal taxes. Rates and exemptions differ by canton and municipality.
The typical steps are: preliminary checks and property inspection; securing financing and getting a mortgage offer; due diligence including land register extract and encumbrance search; negotiating and signing the purchase agreement; notarisation and drafting of the public deed; entry of the deed and mortgages in the land register; payment of purchase price and closing procedures; and registration of ownership. Local permits or permissions may be required before completion in some cases.
Foreign nationals and persons domiciled abroad are subject to federal restrictions on acquiring Swiss real estate. Additional cantonal rules may apply, especially for secondary residences and tourist apartments. Permission from the competent authority may be required. A local lawyer can confirm whether you qualify and help with the approval process.
Beyond the purchase price expect notary fees, land register fees, possible property transfer taxes and mortgage registration fees. There are also agent fees if a broker is used, costs for due diligence such as surveys and technical reports, and costs for any required permits. Ongoing costs include municipal taxes, property tax if applicable, insurance and maintenance. The exact amounts vary by case and municipality.
Banks commonly finance up to a portion of the purchase price, often requiring a down payment from the buyer. Mortgages are secured by entries in the land register. Lenders evaluate income, assets and the property value. Repayment and amortisation plans vary. Interest payments are generally tax-deductible for wealth and income tax purposes, subject to canton-specific rules. Speak to banks and a lawyer or financial advisor to structure financing appropriately.
Yes, in Switzerland a formal public deed is normally required for the transfer of real estate, and the deed must be authenticated by a notary or the competent land registry office depending on local practice. The land register entry is the conclusive step for ownership transfer. A lawyer or notary will explain the formal requirements and ensure the deed contains required declarations.
Most structural changes, new construction or changes in use require a building permit from the municipal building authority. Permits depend on zoning plans, building codes, environmental protection and heritage rules. Some minor works may be exempt, but it is important to check in advance. A lawyer or architect familiar with local procedures can assist with permit applications and compliance.
Tenancy relationships are governed by the Code of Obligations. Landlords must provide the property in the agreed condition and maintain it. Tenants must pay rent and take reasonable care of the premises. Security deposits are common and typically held securely. Termination and rent increase rules are regulated; disputes can be brought to conciliation authorities or courts. Specialized legal advice helps when parties disagree.
Condominium ownership - commonly called "Stockwerkeigentum" - divides a building into private units and common parts. The land register records individual ownership shares and the regulations governing the association. Owners must follow the bylaws regarding maintenance, use and cost sharing. Disagreements among owners often require negotiation, mediation or court action if unresolved.
Request an official land register excerpt from the cantonal land register office. The excerpt shows the owner, mortgages, easements, servitudes, legal restrictions and any third-party rights. Also commission technical surveys for hidden issues. A lawyer can interpret entries and advise how encumbrances affect marketability and use.
First preserve documents - contracts, correspondence, invoices and land register excerpts. Try to resolve the matter through negotiation or mediation where appropriate. If that fails, a lawyer can advise on formal remedies and file proceedings in the appropriate cantonal court. Time limits may apply for certain claims, so seek legal advice promptly.
Below are the types of local and federal bodies and organisations that are useful when dealing with real estate matters in Chur.
- Canton of Graubünden - cantonal offices for land registry, spatial planning and building law.
- City of Chur - municipal building and planning department for permits and local zoning queries.
- Cantonal land register office - to obtain extracts and verify encumbrances.
- Federal provisions on acquisition of real estate by persons abroad - to understand restrictions and permission requirements.
- Swiss Bar Association and local bar associations - to find qualified real estate lawyers.
- Notaries and the cantonal notaries association - for authentication of deeds and notarial services.
- Banks and mortgage advisors - for financing options and offers.
- Cantonal tax authority and the Federal Tax Administration - for information on tax consequences of purchase, sale and ownership.
- Swisstopo and cadastral offices - for maps and official surveys.
- Local mediation and dispute resolution services - for alternative resolution of conflicts.
If you need legal assistance with a real estate matter in Chur, consider the following practical next steps:
- Gather relevant documents - property descriptions, land register excerpts, drafts of agreements, permits, technical reports and correspondence.
- Make an initial list of questions and the outcome you want - for example, transfer, mortgage, permit, dispute resolution or tenancy guidance.
- Contact a local lawyer with real estate experience in Graubünden and Chur. Ask about experience with similar matters, fees and whether they offer an initial consultation. Request a written fee estimate for key services when possible.
- If you are financing a purchase, get preliminary mortgage offers from banks to understand lending conditions and inform your lawyer about any lender requirements.
- Commission a land register excerpt and any necessary technical surveys early in the process so issues can be identified and addressed before contracts are signed.
- If you are a non-resident, seek advice early about acquisition restrictions and permission procedures - these can affect timing and contract validity.
- Consider dispute-resolution options such as mediation where appropriate. If litigation is necessary, act promptly because statutory deadlines and court procedures apply.
Legal advice tailored to your circumstances will reduce uncertainty and help you protect your interests. A local real estate lawyer will guide you through the legal steps, liaise with authorities and help secure a clean transfer or resolution.
