Real Estate, Pestalozzi Attorneys at Law updates


Contributed by Pestalozzi Attorneys at Law
Proposed federal act on rent payments during COVID-19 lockdown
  • Switzerland
  • 24 July 2020

The Federal Council recently submitted to Parliament a preliminary draft federal act on rent payments during the COVID-19 lockdown and opened the consultation procedure with the cantons, political parties and interested organisations. The act is a political decision and its constitutional basis is questionable. Further, a number of the suggested provisions leave room for improvement.

Legal uncertainty over rent reductions due to COVID-19 remains
  • Switzerland
  • 29 May 2020

Numerous shops, restaurants and other facilities throughout Switzerland have had to close their businesses due to emergency regulations issued to combat COVID-19. This has led to the question of whether the tenants of such premises are still obliged to pay rent or whether they are entitled to a full or partial rent reduction. Despite many opinions having been expressed in the legal community and by politicians, this question remains as unanswered as it was at the beginning of the lockdown.

E-governance for building permits
  • Switzerland
  • 27 March 2020

In response to growing market needs, several cantons have introduced an electronic procedure for building permit requests. The improved applications and increased transparency with regard to the documentation and the status of building permit procedures enable planners to carry out projects more efficiently. This is a major advantage, especially for institutional investors and project developers.

Easier access to land register information
  • Switzerland
  • 20 December 2019

As of 1 July 2020, new provisions will apply to electronic access to land register data. Whereas current access to electronic land register data is highly restricted, the new legal provisions of the Federal Ordinance on the Land Register extend access to electronic land register data for specified parties. While the ordinance provides the basis for this extended access to land registers, it is up to the cantons to decide whether they wish to introduce it.

Impact of lakefront public footpaths on landowners' rights
  • Switzerland
  • 02 August 2019

According to federal planning principles, the cantons and municipalities must guarantee free public access to lakesides and riverbanks. However, some cantons have not yet implemented the required legislation, not least because of objections from private landowners. This article outlines the applicable federal legal framework and highlights examples of its implementation by two cantons.

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