SVIT welcomes the amendment of the STWE law.

The Swiss Real Estate Association (SVIT Switzerland) welcomes the modernisation of the legal basis for condominiums in principle. Together with the SVIT Condominium Chamber, they support the revision efforts, but demand that gaps be filled and necessary adjustments made. In a statement on the planned revision of the law on condominiums, they write that the real estate industry cannot be imagined without condominiums. Nevertheless, some “signs of aging” have emerged in recent decades, so that the legal basis requires modernisation and adaptation to today’s realities in the real estate environment.

SVIT Switzerland and the SVIT Condominium Chamber support a partial revision of the condominium ownership law, but at the same time, in their consultation, they clearly stated that certain proposed amendments were not very practical and also pointed out the gaps that still need to be closed. The Federal Office of Justice had consulted a committee of experts for the development of the bill, but not all of the committee’s considerations had been incorporated into the bill. This had limited the content of the present draft, instead of creating clarity for the future, as had been requested in parliament, among other places.

In the summary of their consultation response on the planned amendment of the law on condominium ownership (Art. 712a ff. ZGB), the two organisations discuss the desired amendments in detail. It states: “In principle, SVIT and STWE SVIT support the partial revision of the condominium ownership law, but note that certain proposed amendments are not very practical and other points have simply been forgotten. For example, the preliminary draft did not consider the following points:

• Structural measures in the service of sustainability: Such measures should be supported by law;
• Forced realisation of floor units: here, the procedure should be simplified;
• Duty to regulate: each floor property should have regulations;
• Abolish quorum requirement: Art. 712p of the Swiss Civil Code stipulates a minimum presence at the meeting for condominium ownership, which is not prescribed by law for any other form of community; this requirement cannot be justified.”

In an article by Stefanie Hausmann on the same topic in the March issue of the magazine immobilia, President of the Professional Chamber of Condominium Ownership and Attorney-at-Law, the author writes that condominium ownership was enshrined in the Swiss Civil Code (ZGB) on 1 February 1965 and has since become a success story in the real estate industry. And further: “At that time, the foundation was laid for Switzerland to develop from a country of tenants to a country with a significantly increasing home ownership rate.”

In her article, the author points out not only the aforementioned proposed changes but also open questions regarding the distribution plans, the legal regulation of the establishment of condominium ownership prior to the construction of the building, the significance of the renewal fund, the definition of the simple and qualified majority and the possibilities for the withdrawal of voting rights.

The long version of the “SVIT-Vernehmlassung” from December 2024 can be downloaded here as a PDF.