Real Estate Law

Real Estate Lawyer in Lugano

Real estate law is one of the pillars of Haab Legal. With over 40 years of practice and integrated notarial expertise, we assist Swiss and international clients in all real estate transactions in Canton Ticino. Atty. Hugo Haab is also a licensed notary, ensuring a comprehensive service from initial advice through to the execution of the deed. Whether you need a real estate lawyer in Switzerland or a notary in Lugano, our firm delivers seamless support.

Areas we handle

Property purchases and sales

Purchasing property in Switzerland requires a public deed (art. 657 CC). Haab Legal, with its notarial function, accompanies buyer and seller from the reservation agreement through to the final deed, ensuring legal certainty and transparency.

The stages of a property transaction: verification of the property (land register, easements, mortgages), negotiation and drafting of the contract, financing (at least 20% own capital for a primary residence), notarial deed and registration in the land register.

Lex Koller: property acquisitions by foreign nationals

The Federal Act on the Acquisition of Real Estate by Persons Abroad (ANRA, known as "Lex Koller") restricts the purchase of real estate in Switzerland by non-resident foreign nationals. The main exceptions:

• Permit C (settlement): unrestricted purchase
• Permit B (residence): purchase of one's primary residence
• EU/EFTA citizens with residence permit: purchase of primary residence
• Non-residents: require cantonal authorisation, subject to annual quotas

Haab Legal analyses each individual case and assists with the authorisation procedure before the cantonal authority.

Condominium ownership (PPP)

Condominium ownership (art. 712a et seq. CC) is a form of co-ownership widely used in Ticino. Our firm has extensive experience in condominium matters: owners' meetings, majority requirements, works on common areas, security rights, administration and Airbnb.

Decisions in a condominium require different majorities: simple majority for ordinary administration, double majority (headcount and value) for necessary works, unanimity for changes to the designated use.

Easements and rights in rem

Easements (right of way, building rights, distance regulations, etc.) and other limited rights in rem are a frequent source of property disputes. Our firm assists with the creation, modification and cancellation of easements, as well as the resolution of disputes between property owners.

Purchase options and pre-emption rights

The right of purchase (art. 216 et seq. CO) and right of pre-emption (art. 216c et seq. CO) are important instruments in the real estate market. Our firm assists with the drafting and exercise of these rights, including the related contractual penalties.

Real estate brokerage

The brokerage contract (art. 412 et seq. CO) governs the relationship between owner and broker. Haab Legal reviews the validity of contractual clauses and protects the client's interests in the event of disputes over commission.

Acquisition costs in Ticino

Ancillary costs for purchasing property in Ticino amount to approximately 3-5% of the purchase price and include: notarial fees, land register charges, transfer tax (varying by municipality) and the lawyer's fee for due diligence.

Our approach

The unique combination of legal and notarial expertise enables a complete, intermediary-free service. Haab Legal manages the entire property transaction: from due diligence to negotiation, from contract drafting to notarial execution. If you are looking for a real estate lawyer Switzerland trusts, contact us for an initial consultation.