Bern limits property purchases: what changes for Ticino cross-border workers
The Federal Council has launched a consultation until 15 July 2026 to extend the federal permit requirement for purchasing residential and commercial real estate by non-EU/EFTA citizens.
Contesto
On April 15, 2026, the Swiss Federal Council decided to launch a public consultation until July 15, 2026, to amend the law on the acquisition of real estate by persons abroad (LAFE, also known as the Lex Koller). The goal is to restrict the purchase of properties by citizens from third countries, meaning those not belonging to the European Union or the European Free Trade Association (EFTA). ### Measures for residential properties The new legislation introduces stricter restrictions on the purchase of primary residences by foreigners. Citizens from third countries will need to obtain prior federal authorization. In case of moving abroad, the property must be sold within two years. Additionally, the purchase of holiday homes and serviced apartment units by foreigners will be banned, along with a reduction in the annual quotas allocated to the cantons. > Currently, if a German citizen sells a holiday apartment to a French buyer, the canton’s quota remains unaffected. The new law aims to close this loophole. ### New rules for commercial properties The Federal Council is also proposing stricter regulations for commercial real estate. Citizens from third countries will no longer be allowed to purchase properties for rental or investment purposes; they will only be permitted to buy properties for direct use in their business activities. According to the government, this measure aims to curb speculative transactions that exacerbate Switzerland’s housing shortage. ### Ban on stock market investments in residential real estate Another key aspect of the revision is the introduction of a general ban on foreigners purchasing shares in residential real estate companies listed on the stock exchange, as well as shares in real estate funds and SICAVs (open-ended investment companie...
Dettagli operativi
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Punti chiave
What to do now: step-by-step guide for cross-border workers If you are a cross-border worker residing in Italy and are considering purchasing a property in Ticino, or if you already own a property and want to understand how the new rules apply, follow this practical guide. #### 1. Check your citizenship and the property’s status The first step is to verify your citizenship. If you are a non-EU/EFTA citizen, the new rules will directly affect you. If you are an EU/EFTA citizen, restrictions will be less severe but still apply to certain types of properties. - EU/EFTA citizens: You will still be able to purchase residential properties without prior authorization, but you must comply with the new rules on commercial properties and holiday homes. - Non-EU/EFTA citizens: You will need to obtain federal authorization to purchase any type of property, whether residential or commercial. #### 2. Apply for federal authorization (if required) For non-EU/EFTA citizens, the authorization process is already in place, but the new rules will make it stricter. Here’s what you need to do: - Documentation: Passport, cross-border worker employment contract, proof of residence in Italy, property documentation (for future purchases). - Application form: To be submitted to the Federal Office of Justice (DFGP) via the Ticino Canton authorities. - Costs: The fees for authorization have not yet been specified in the source, but they are estimated to range between 500 and 1,500 CHF, depending on the complexity of the case. - Timeline: The process may take between 2 and 4 months, with possible delays if there is a high volume of applications during the transition period. #### 3. Plan for selling in case of relocation If you are a non-EU/EFTA citizen and purchase a property in Ticino, remembe...
Punti chiave
[{"q":"Who is considered a non-EU/EFTA citizen under the new law?","a":"According to the source, non-EU/EFTA citizens include all individuals who are not members of the European Union or the European Free Trade Association (EFTA). This encompasses, for example, Italian citizens only if they reside in Italy and are not EU citizens, as well as citizens of countries such as the United Kingdom, the United States, Canada, Australia, and others. The new legislation applies regardless of whether the citizen resides in Italy or elsewhere."},{"q":"What happens if I purchase a property in Ticino before the new law comes into force but sell it after its approval?","a":"The source does not specify whether the new law will have retroactive effects. However, based on Swiss legislative practice, rules governing the purchase of real estate by foreign nationals are typically not retroactive. This means that properties acquired before the new law enters into force may be exempt from restrictions, but you will still need to comply with the regulations in force at the time of sale. It is advisable to consult a notary or the Federal Office of Justice to verify your specific case."},{"q":"How can I determine if my commercial property falls under the new restrictions?","a":"The source specifies that the new law prohibits non-EU/EFTA citizens from purchasing commercial properties for rental or investment purposes. If you are acquiring a commercial property to use directly for your business activities (e.g., an office or a shop), you are not subject to restrictions. However, if you intend to rent it out to third parties or use it as an investment, you must verify with the Ticino cantonal land registry office whether your situation falls under the new rules."},{"q":"What are the penalties for vi...
Frequently Asked Questions
- Who is considered a non-EU/EFTA citizen under the new law?
- According to the source, non-EU/EFTA citizens include all individuals who are not members of the European Union or the European Free Trade Association (EFTA). This encompasses, for example, Italian citizens only if they reside in Italy and are not EU citizens, as well as citizens of countries such as the United Kingdom, the United States, Canada, Australia, and others. The new legislation applies regardless of whether the citizen resides in Italy or elsewhere.
- What happens if I purchase a property in Ticino before the new law comes into force but sell it after its approval?
- The source does not specify whether the new law will have retroactive effects. However, based on Swiss legislative practice, rules governing the purchase of real estate by foreign nationals are typically not retroactive. This means that properties acquired before the new law enters into force may be exempt from restrictions, but you will still need to comply with the regulations in force at the time of sale. It is advisable to consult a notary or the Federal Office of Justice to verify your spec
- How can I determine if my commercial property falls under the new restrictions?
- The source specifies that the new law prohibits non-EU/EFTA citizens from purchasing commercial properties for rental or investment purposes. If you are acquiring a commercial property to use directly for your business activities (e.g., an office or a shop), you are not subject to restrictions. However, if you intend to rent it out to third parties or use it as an investment, you must verify with the Ticino cantonal land registry office whether your situation falls under the new rules.
- What are the penalties for violating the new rules?
- The source does not specify the penalties, but under current law (LAFE), violations of regulations on real estate purchases by foreigners may result in the annulment of the transaction, administrative fines, and, in severe cases, criminal proceedings. It is strongly advised to strictly adhere to the new procedures to avoid legal consequences.
- Where can I find the form to apply for federal authorization?
- The form for applying for federal authorization has not yet been published in the source. However, once the new law is approved, it will be available on the website of the Federal Office of Justice (DFGP) and the Ticino cantonal land registry office. We recommend monitoring these sites to download the necessary documentation as soon as it is published.