The provisions on condominium ownership are to be modernised. According to the federal government’s website, the aim is to adapt condominium ownership law even better to the needs of property owners by making selective changes. Gaps in the law are also to be closed and legal certainty increased.
With condominium ownership, the owner acquires the special right to use certain parts of a building exclusively and to develop them according to their own wishes. However, because the owners can share certain costs (e.g. heating systems, stairwells, gardens, laundry rooms), condominium ownership also allows people with fewer financial resources to acquire residential property. Condominium ownership was introduced in the Swiss Civil Code (ZGB) in 1965 and has basically proved its worth.
On behalf of Parliament, the Federal Council now wants to modernise individual aspects of condominium ownership law. By making selective amendments to the relevant provisions in the Swiss Civil Code, it aims to better meet the current needs of owners and improve the practicability of condominium ownership law. You can download the explanatory report on the planned amendments as a PDF here.
As part of the ongoing consultation process on the corresponding amendments to the Swiss Civil Code (ZGB), the Swiss Chamber of Condominium Owners and SVIT Switzerland have now published a comprehensive statement. The two organisations welcome the proposed amendments in principle, but suggest further adjustments and would like to see additional changes that they believe could alleviate the problems in practice. These include, for example, legal regulations that could facilitate energy-efficient renovations, the construction of photovoltaic systems and electric car charging facilities at condominium properties. The two organisations also criticise the lack of rules on the forced sale of condominium units and the introduction of statutory regulations to ensure the best possible management. They would also like to make it easier to pass resolutions and are calling for the corresponding Article 712p to be deleted.
The statement goes into detail below on each individual article of the planned changes to the law. If you are interested, you can download the ‘Consultation 2023/64: Amendment of the Condominium Ownership Act (Art. 712a ff. ZGB)’ of the Chamber of Condominium Owners and SVIT Switzerland as a PDF here.
