MODERATOR
2011-05-10 14:59:48
- #1
Hello sama,
A "building right" is an easement that regulates ownership of built objects in special or individual cases; in your case, such an easement/building right is supposed to establish the separation of building ownership and land ownership - which is not possible in Switzerland - separate ownership of rooms or floors is impossible. The HEV writes: According to the legal definition, condominium ownership includes the co-ownership share of an entire property, including all buildings constructed on it, inseparably linked with the special right to exclusively use certain parts of the building and to develop them internally. These rooms under the special right form the so-called condominium unit.
It is exactly this co-ownership share that the seller wants to separate from the condominium ownership of the apartment you have in mind via a so-called "building right."
Inform yourself thoroughly about the legal nature of condominium ownership before you buy an apartment or condominium ownership. This cannot be accomplished in the forum; it is too extensive. The Homeowners' Association Switzerland [HEV] would be a good point of contact here.
Condominium ownership is regulated in a special part of the Swiss Civil Code, namely in Articles 712a - t CC ( ). Furthermore, the general provisions of co-ownership (Art. 647ff. CC; ) as well as the provisions of association law (Art. 64ff. CC; ) apply.
A "building right" is an easement that regulates ownership of built objects in special or individual cases; in your case, such an easement/building right is supposed to establish the separation of building ownership and land ownership - which is not possible in Switzerland - separate ownership of rooms or floors is impossible. The HEV writes: According to the legal definition, condominium ownership includes the co-ownership share of an entire property, including all buildings constructed on it, inseparably linked with the special right to exclusively use certain parts of the building and to develop them internally. These rooms under the special right form the so-called condominium unit.
It is exactly this co-ownership share that the seller wants to separate from the condominium ownership of the apartment you have in mind via a so-called "building right."
Inform yourself thoroughly about the legal nature of condominium ownership before you buy an apartment or condominium ownership. This cannot be accomplished in the forum; it is too extensive. The Homeowners' Association Switzerland [HEV] would be a good point of contact here.
Condominium ownership is regulated in a special part of the Swiss Civil Code, namely in Articles 712a - t CC ( ). Furthermore, the general provisions of co-ownership (Art. 647ff. CC; ) as well as the provisions of association law (Art. 64ff. CC; ) apply.