Real estate guide

Selling a home: process, brokers and the capital gains tax

From the file via pricing to notarisation — what the law says about broker fees and how the real-estate capital gains tax works. With official sources.

Last updated on September 8, 2026 · Reviewed by our FINMA-licensed advisory team

In brief

A sale follows the same form rules as a purchase: public notarisation of the contract, land-register application by the seller, transfer of ownership with the entry. For the broker contract, the statutory success principle applies — the fee is owed only if the sale actually comes about through the broker's introduction or intermediation (CO Art. 413); there is no statutory commission rate.

The cantonal real-estate capital gains tax is due on the gain. If the proceeds are used within a reasonable period for an equally used, owner-occupied replacement property in Switzerland, taxation is deferred (StHG Art. 12 para. 3) — this rule remains in place after the 2029 system change as well.

This page provides general information and does not replace personal, notarial or tax advice. As of 2026, without guarantee. The capital gains tax, the notarial system and fees are regulated at cantonal level — the law of the canton of location is decisive.

The process from the seller's perspective

1. Assemble the file
Land-register extract, plans, building-insurance certificate, documented renovations — and the receipts for value-enhancing investments for the later tax settlement (practice).
2. Find the price
Via the usual valuation approaches (section below) — the achievable price is decided by the market.
3. Market the property or have it brokered
With or without a broker — the broker contract is governed by the success principle (CO Art. 413).
4. Notarisation and land register
Public notarisation of the purchase contract; the land-register application is the seller's responsibility (CC Art. 963). Details on the form requirement are in the buying guide.
5. Tax settlement
Declaration of the property gain with the canton of location; the presumed tax is usually secured at completion (cantonal liens, framework CC Art. 836).

The buyer's side: process, form requirement and the reservation trap →

Pricing: the usual approaches

Three approaches are common for valuing residential property — all three are valuation and market practice, not statutory procedures: the comparative value (hedonic models based on comparable transactions), the intrinsic value (land value plus the time value of the building) and — for rented objects — the capitalised earnings value.

Only the banking side has a regulatory anchor: financing banks value prudently under the FINMA-recognised mortgage-lending guidelines, following uniform internal standards and without expectations of future value gains. What price can actually be achieved is decided by the market — a valuation is an estimate, not a promise.

The broker contract: the success principle

The broker contract is the mandate to introduce an opportunity to conclude a contract, or to broker such a conclusion, against remuneration (CO Art. 412). The statutory cornerstones:

Success principle: the broker's fee is owed only if the sale actually comes about as a result of the introduction or intermediation (CO Art. 413 para. 1). Expenses are reimbursed only if agreed (para. 3).
No statutory commission rate: absent an agreement, an existing tariff applies, otherwise the customary fee (CO Art. 414) — an officially fixed percentage does not exist.
Protective rule for property purchases: a disproportionately high broker fee can be reduced by the court to an appropriate amount on application (CO Art. 417).

Capital gains tax: cantonal — with deferral on replacement

Gains from the sale of privately held real estate are subject to the cantonal real-estate capital gains tax, insofar as the proceeds exceed the investment costs (purchase price plus expenses — including value-enhancing investments) (StHG Art. 12 para. 1). At federal level, private capital gains on real estate are tax-free (DBG Art. 16 para. 3).

The design is cantonal: nine cantons tax all real-estate gains with the special tax (monistic system — ZH, BE, UR, SZ, NW, BS, BL, TI, JU), the others only gains on private assets (dualistic); tariffs and holding-period effects differ by canton (FTA dossier).

Central for owner-occupiers: if the proceeds are used within a reasonable period for an equally used, permanently owner-occupied replacement property in Switzerland, taxation is deferred (StHG Art. 12 para. 3 let. e) — what counts as a reasonable period is a matter of cantonal law and practice. This deferral rule expressly remains in place after the 2029 tax system change.

The tax is owed by the seller; because the property is liable for it in many cantons, the presumed amount is usually secured at completion.

After the sale: pension and tax points

If a pension-fund withdrawal was once made for the purchase, it must be repaid upon the sale — the repayment obligation is noted in the land register (BVG Art. 30d/30e); the details are in the financing guide. For the capital gains tax, documented value-enhancing investments count towards the investment costs — kept receipts reduce the taxable gain.

Pension-fund withdrawal and repayment obligation: the financing guide →

Northlake also accompanies the sale — from preparing the file to completion. We are happy to discuss your project, with no obligation.

Frequently asked questions

How does selling a house work?

Assemble the file, find the price via the usual valuation approaches, market the property (with or without a broker), have the purchase contract notarised and file the land-register application (CC Art. 963) — ownership passes with the entry. The capital-gains declaration with the canton of location follows (source: CO/CC, StHG).

What does a broker cost?

The law knows no commission rate: the fee is a matter of negotiation; absent an agreement, the customary fee applies (CO Art. 414). It is owed only on success — if the sale comes about through introduction or intermediation (CO Art. 413) — and a disproportionately high fee can be reduced by the court (CO Art. 417).

How high is the real-estate capital gains tax?

That is cantonal — there is no nationwide figure. Federally harmonised is only the frame: taxed is the gain (proceeds minus investment costs); tariffs and holding-period effects are set by the cantons, and the federal government does not tax private real-estate gains (source: StHG Art. 12, DBG Art. 16 para. 3, FTA).

When is the capital gains tax deferred?

On replacement: if the proceeds are used within a reasonable period for an equally used, permanently owner-occupied replacement property in Switzerland, taxation is deferred (StHG Art. 12 para. 3 let. e). What counts as a reasonable period is regulated by the cantons; the rule also remains after 2029 (source: StHG).

Do past renovations count for the tax?

Value-enhancing investments count towards the investment costs and reduce the taxable gain (StHG Art. 12 para. 1); value-preserving maintenance was already taken into account in the income tax over the years. Therefore keep receipts of value-enhancing work (source: StHG, Federal Supreme Court practice).

Does the sale contract need to be notarised?

Yes — like the purchase, the sale requires public notarisation; without it the contract is void (CO Art. 216, CC Art. 657). Preliminary contracts are subject to the form requirement as well; the details are in the buying guide (source: CO/CC).

What happens to an earlier pension-fund withdrawal?

Upon the sale, the withdrawal must be repaid to the pension fund — limited to the proceeds after deduction of mortgage-secured debts; the obligation is noted in the land register (BVG Art. 30d/30e). With the repayment, the tax paid at the time can be reclaimed (source: BVG Art. 83a).

What is a valuation worth?

It is an estimate under the usual approaches (comparative/hedonic, intrinsic value, capitalised earnings) — valuation practice, not a statutory procedure and not a price promise. Banks additionally value prudently for financing purposes under the FINMA-recognised mortgage-lending guidelines; the actual price is set by the market.

Sources

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.

Planning a sale?

Northlake accompanies the sale and completion of residential property as part of its real-estate services. We are happy to discuss your project — with no obligation.

Arrange a conversation →Contact us