Property on the street

Real Estate Law

Legal support in matters concerning real property — from contract negotiation to entry in the land register.

I am at your disposal for legal advice on questions of ownership, use, and transfer of real property.

In detail

Purchase and sale contracts for real property

In Switzerland, the purchase or sale of a plot of land requires public notarisation and only takes effect upon entry in the land register. Between the first letter of intent and this entry lie numerous points that need to be negotiated and set down in writing: purchase price and payment terms, transfer of possession and of benefit and risk, condition and fittings of the object, warranty for defects and any exclusion thereof, assumption of existing tenancies, and land transfer and real estate capital gains taxes. I review the draft contract prepared by the notary, negotiate with the other side, and make sure that your interests are not lost in standard clauses — whether you are on the buyer's or the seller's side.

Tenancy law questions

Swiss tenancy law is heavily regulated and in large parts mandatorily structured in favour of tenants. I advise landlords as well as tenants — for residential as well as commercial premises. Typical topics are the drafting and review of lease contracts, rent increases and reductions, service charge statements, defects in the leased object, subletting, terminations and their challenge, extension of the tenancy, as well as handover and return protocols. Because short deadlines and strict formal requirements apply in tenancy law, and the path first leads via the conciliation authority, an early assessment is particularly valuable.

Work contracts in connection with real estate

In new builds, conversions, refurbishments, or renovations, principals, contractors, architects, and planners meet — and with them different interests and contract frameworks. I support you in drafting and reviewing work, architect, and planner contracts, in agreeing on deadlines, cost ceilings, and payment schedules, as well as on questions of additional costs, construction delays, defects in the work, and acceptance. Should defects occur, I support you with timely notice of defects, the enforcement of rectification, reduction, or damages, and, where needed, with securing your position through a builder's lien — or defending against one.

Neighbour law clarifications

Where plots of land border each other, friction arises: excessive emissions from noise, smell, smoke, or vibrations; overhanging branches and roots; boundary distances and heights of plants and structures; view and shading; drainage of water; or entry onto the neighbouring plot for construction work. Alongside the Civil Code, cantonal introductory provisions and municipal building regulations are often decisive. I clarify for you what is legally permissible and what is not, and primarily seek a solution with which neighbourly life can continue — neighbour law disputes tend to drag on and burden all involved.

Legal support for real estate transfers

Not every change of ownership is an ordinary sale. Transfers within the family, advance withdrawals from inheritance and gifts, the allocation of a property in an estate division, the transfer within a matrimonial property settlement, or the contribution to a company each follow their own rules and entail different tax consequences. Often, third-party rights must additionally be taken into account or newly established: usufruct and right of residence, rights of pre-emption, purchase, and repurchase, easements and land charges, or existing mortgages. I structure the transfer, coordinate the sequence with the notary, land registry, and bank, and make sure that the desired result is also reflected in the land register.

Frequently asked questions

FAQ — Real Estate Law

Before signing the contract, the land register extract, encumbrances (mortgages, easements, rights of way), the building law situation, and any refurbishment needs should all be reviewed. I support you through the negotiations, review the draft public purchase contract, and support you at the notarisation.

In Switzerland, the property purchase contract must be publicly notarised — usually by a notary. The notary is neutral and does not represent either party. Legal support alongside secures your interests before and during the notarisation, as well as in the subsequent settlement steps (entry in the land register, flow of payment, handover of keys).

Swiss tenancy law (Art. 253 ff. of the Code of Obligations) comprehensively regulates the rights and duties of landlords and tenants. Frequent points of dispute are rent increases, service charge statements, notice periods, own-use, and defect rights. I advise both sides — out of court as well as before the conciliation authority or the tenancy court.

Neighbour law (Art. 684 ff. of the Civil Code) requires mutual consideration — regarding emissions (noise, smell, vibrations), boundary planting, construction work, and rights of access and passage. In case of conflicts, an out-of-court clarification is first advisable; only when failed should the matter be brought before the justice of the peace.

Work contracts usually include deadlines and contractual penalties for delays. I check whether these are enforceable, clarify the causes (defect notice, force majeure, additional effort), and represent you towards general contractors, trade companies, or site management.

Videos on the topic

In conversation

What are the greatest legal risks when buying property?

Show transcript

Marie Anouk: What are the greatest legal risks when buying property?

Antoine F. Goetschel: The animal-welfare advocate in me surfaces: buying a pig in a poke — and naturally wanting to open the bag quickly to free the cat — only to discover that the property does not actually exist, that it sits on a cadastral register showing heavy environmental contamination, that it was formerly a garage and one cannot do what one intended. Paying too much relative to comparable properties without any added value. I recommend obtaining several valuations to know whether a property is worth two, four or five. If you rely on a single agent you risk either selling too cheaply or pricing too high so that the property sits on the market and buyers are put off. I therefore work with a specialist firm focused on finding the optimal — not necessarily the maximum — value so that the transaction proceeds quickly and to everyone's benefit.

What must be checked before signing a purchase agreement?

Show transcript

Marie Anouk: What must be checked before signing a purchase agreement?

Antoine F. Goetschel: Where property is concerned: get to know the property as well as possible; take advice on the quality of the building fabric and the medium- and long-term appeal of the location — will it remain connected to private and public transport, or become isolated? It may be romantic to live somewhere remote, but if you later have to rely on a postal bus because you failed to check whether the regional rail service would continue, and find yourself carrying every kilo of flour three kilometres in old age, the joy of ownership can fade quickly.

When do conflicts with neighbours arise — and how can they be avoided?

Show transcript

Marie Anouk: When do conflicts with neighbours arise, and how can they be avoided?

Antoine F. Goetschel: Neighbour conflicts are becoming more acute; tolerance has decreased compared with the start of my career 40 years ago. People suffer from densification and the stress of crowding — in private and public transport. They tolerate less. Covid may still linger: locked indoors, every cough and every bark of the neighbour's dog grated on one physically. These concerns can be eased by open-heartedly seeking dialogue: «You have children — of course they can play.» One can also accept that a dog barks from time to time, as the law and courts expect. Rather than pushing your own feelings to the fore, ask: am I reacting as an average person would? If you are excessively sensitive, you must protect yourself. I recall a well-known legal academic with extraordinarily thick doors — fitted like those in a conservatoire — to shield himself from noise. He knew he was not an average person. A shift in perspective helps: how would a judge likely decide this? And meditative techniques, walks and breathing exercises are always useful.

Personal conversation

Let's talk about your case.

Write to me — I'll get back to you within two working days.

Get in touch

Notice

New office address from 1 August 2026

From 1 August 2026 you will find me at Theaterstrasse 2, 8400 Winterthur — in a Jugendstil villa a few minutes' walk from the main station.