Real estate for permanent establishment

The following may be acquired without the need to obtain a permit pursuant to BewG:

  • Plots of land that are used for a business purpose (=   permanent establishment real estate plots)
    • Industrial buildings (factories)
    • Logistics buildings (warehouse / storage site)
    • Office buildings
    • Business premises (e.g. medical practice)
    • Retail premises (retail stores)
    • Shopping centres
    • Hotel buildings (hotel (including residential property managed as a hotel) / restaurant)
    • Commercial buildings (workshop)
  • Works apartments (for caretaker, technician or person who needs to be on the site)
  • Apartments that are not separable from the part that is used for commercial purposes, or that could be separated only at unreasonable cost
  • Land reserves
    • amounting to around one third, in special cases up to half of the total surface area
    • if part of the building land is undeveloped and remains undeveloped, amounting to more than one third, it will as a rule be necessary to obtain the opinion of the competent cantonal licensing authority 

No own utilisation / admissibility of the acquisition as a capital investment

In the case of real estate for permanent establishments it is irrespective whether the real estate plot serves the company of the acquirer or is to be rented out or leased to a third party for his exercise of a business activity. Such real estate plots may be acquired as a capital investment. This correspondingly means that the acquisition of other rights such as the establishment of pre-emptive right, a purchase entitlement or a repurchase entitlement, the financing of the purchase or the acquisition of a mortgage note is permissible without the obligation to obtain a permit. 

No business activity within the meaning of BewG / obligation to obtain a permit + exclusion

  • Residential utilisation
    • Establishment of residential space
    • Letting of residential space
    • Leasing of residential space
    • Trading in residential space
  • Exception
    • construction of social housing
    • see grounds for approving the construction of social housing

Further information

Tip

  • In cases of doubt it is advisable to obtain a declaratory ruling from the competent cantonal licensing authority, confirming that the acquisition is not subject to the obligation to obtain a permit