What does "building law" mean?

  • Erstellt am 2011-05-10 14:59:48

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.
 

holzkäfer-1

2011-11-10 11:40:04
  • #2
When we still lived in Germany (now almost 10 years ago), we also often came into conflict with building regulations. In Switzerland, I have not had any problems with it so far, but I keep hearing from German friends that they are fed up with the authorities and would prefer to turn to a lawyer here to enforce their plans. Sometimes the regulations are completely nonsensical, giving the impression that citizens are only being annoyed with them.
 

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