Real estate guide
Buying a home in Switzerland: the process step by step
From the financing commitment via the notarised deed to the land-register entry — and why reservation agreements do not deliver what they promise. With official sources.
Last updated on September 8, 2026 · Reviewed by our FINMA-licensed advisory team
In brief
A property purchase in Switzerland follows fixed steps: secure the financing, have the purchase contract publicly notarised (without notarisation it is void, CO Art. 216), file the land-register application — and only with the entry in the land register does ownership pass (CC Art. 656).
The most underestimated point comes before that: under Federal Supreme Court case law, reservation agreements in simple written form are void — they oblige neither party to buy or sell, and reservation payments can be reclaimed.
This page provides general information and does not replace personal or notarial advice. As of 2026, without guarantee. The notarial system, fees and individual steps are regulated at cantonal level — the law of the canton of location is decisive.
The process in five steps
This is how a purchase usually proceeds — the formal steps are federal law, the payment mechanics are common practice:
1. Secure the financing
The mortgage loan contract is not subject to any form requirement and is usually signed before notarisation; based on it, the bank issues an irrevocable promise to pay (common practice). The deed creating the mortgage charge itself, however, requires public notarisation.
2. Public notarisation
The purchase contract is notarised by the authorised official — without this form it is void (CO Art. 216 para. 1, CC Art. 657).
3. Land-register application
The application is made by written declaration of the seller; cantons may instruct the notarising officials to file the notarised transactions themselves (CC Art. 963). The main part of the purchase price is usually paid concurrently against the application (practice).
4. Entry in the land register
Only with the entry does ownership pass (CC Art. 656 para. 1) — not already with the notarisation.
5. Handover
Benefit and risk pass at the contractually agreed time (CO Art. 220) — the notarised contract usually regulates possession and key handover explicitly.
The form requirement: no valid contract without notarisation
Purchase contracts concerning immovable property require public notarisation to be valid (CO Art. 216 para. 1). The form requirement expressly extends to preliminary contracts and to agreements creating rights of pre-emption, purchase or repurchase (para. 2) — the only exception being pre-emption agreements without a predetermined price, which are valid in simple written form (para. 3).
If the form is not observed, the contract is void — which the court establishes ex officio (Federal Supreme Court practice, most recently BGer 4A_109/2018).
The reservation trap
Before notarisation, privately written "reservation agreements" with a down payment are often signed. Legally, under Federal Supreme Court practice: such agreements are void for lack of public notarisation — they oblige neither the buyer nor the seller to conclude the contract, and the reservation payment can be reclaimed under the rules on unjust enrichment (BGer 4A_109/2018).
A forfeiture clause over the down payment does not hold either: the Federal Supreme Court considered it void as to form insofar as it goes beyond compensating reliance losses and creates pressure to perform. And invoking the defect of form is, as a rule, not an abuse of rights (BGE 140 III 200).
The Zurich notarial inspectorate says so publicly: written reservation agreements are void and non-binding for both parties; in principle only effective expenses can be retained. A truly binding reservation exists only in notarised form — for instance a notarised preliminary contract or purchase-right agreement.
Notaries and fees: organised by canton
The organisation of public notarisation is a cantonal matter (CC Final Title Art. 55). Switzerland has three systems: pure official notaries (for instance Zurich and Schaffhausen), independent notaries (for instance Bern, Vaud, Geneva, Ticino) and mixed forms — the canton of location is decisive.
Notarisation and land-register fees are cantonal as well (CC Art. 954); as causal charges they are subject to the cost-recovery and equivalence principles (BGE 126 I 180). Together with the cantonal property transfer tax they form the closing costs — the overview is in the financing guide.
Closing costs at a glance: transfer tax, notary, land register →
Real-estate capital gains tax: why it matters when buying
The real-estate capital gains tax is owed by the seller — yet in many cantons the property itself is liable for it: cantonal statutory liens can arise without a land-register entry (framework: CC Art. 836). In the canton of Zurich, for example, this lien ranks ahead of all other charges — if the seller does not pay the tax, the property can be drawn upon.
In practice, the presumed capital gains tax is therefore usually secured at the purchase — for instance by depositing part of the purchase price. How this is arranged is a matter of canton and contract.
Documents: what usually belongs in the file
Before notarisation and financing, the following are usually obtained (practice, varying by property):
- A current land-register extract (ownership, easements, notes, charges),
- the cadastral plan and — depending on the canton — the building-insurance certificate,
- for condominium ownership: the deed of constitution, regulations, minutes and accounts of the community, and the state of the renovation fund,
- the building specification, plans and documented renovations; for new builds, the works contract.
The seller's side: selling a home — process and taxes →
Northlake accompanies the purchase and financing of residential property — from reviewing the object to completion. Gladly for your project too, with no obligation.
Frequently asked questions
How does buying a house in Switzerland work?
In five steps: secure the financing (bank's promise to pay, practice), public notarisation of the purchase contract (CO Art. 216), land-register application (CC Art. 963), entry in the land register — only this transfers ownership (CC Art. 656) — and the contractually regulated handover (source: CO/CC).
Is a reservation agreement binding?
No — privately written reservation agreements over immovable property are void for lack of public notarisation and oblige neither party to conclude the contract (Federal Supreme Court practice, BGer 4A_109/2018). Only a notarised form would be binding, such as a notarised preliminary contract (source: CO Art. 216 para. 2, BGer).
Do I get a reservation payment back?
Under the case law, in principle yes: if the reservation agreement is void as to form, the down payment can be reclaimed under the rules on unjust enrichment; in principle only effective expenses can be retained (source: BGer 4A_109/2018; Zurich notarial inspectorate).
When do I become the owner?
With the entry in the land register — not already upon signing or notarisation (CC Art. 656 para. 1). The application to the land registry is made by the seller; in many cantons the notarising officials file the notarised transactions directly (source: CC Art. 963).
What form does the purchase contract require?
Public notarisation — for the purchase contract itself and equally for preliminary contracts as well as rights of pre-emption, purchase and repurchase (exception: pre-emption agreements without a fixed price suffice in writing). Without the form, the contract is void (source: CO Art. 216, CC Art. 657).
What do notary and land register cost?
That is regulated at cantonal level (CC Art. 954, Final Title Art. 55) — Switzerland has official notaries, independent notaries and mixed systems, each with its own fee tariffs subject to the cost-recovery and equivalence principles. There is no nationwide figure (source: CC, BGE 126 I 180).
Why is the capital gains tax secured at the purchase?
Because in many cantons the property is liable for this tax of the seller (cantonal statutory liens, framework CC Art. 836). If the tax is not paid, the property can be drawn upon — which is why the presumed amount is usually deposited at the purchase (source: CC, cantonal law).
What belongs in the purchase file?
Usually the land-register extract, cadastral plan, building-insurance certificate, for condominiums the deed of constitution, regulations, minutes and the state of the renovation fund, as well as the building specification and documented renovations. The scope varies by property and canton (practice).
Sources
- Fedlex — CO Art. 216 ff. (form requirement, preliminary contracts, benefit and risk)
- Fedlex — CC Art. 656, 657, 963 and 954 (land-register entry, notarisation, application, fees)
- Federal Supreme Court — judgment 4A_109/2018 of 8 November 2018 (reservation agreement: voidness and restitution)
- Federal Supreme Court — BGE 140 III 200 (invoking the defect of form is not an abuse of rights)
- Notarial inspectorate of the canton of Zurich — reservation agreements
- Notarial inspectorate of the canton of Zurich — financing and payment of the purchase price
- Federal Supreme Court — BGE 126 I 180 (land-register fees: cost-recovery and equivalence principles)
Every deadline and figure on this page has been verified against the official sources linked above. As of the date shown at the top. This page does not replace individual advice.
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