Contraventions

Contraventions of BewG have consequences under administrative, civil and criminal law. 

Principles

In this respect the following principles are applicable

  • Invalidity of the legal transaction that is subject to the obligation to obtain a permit, insofar as no legally-valid approval has been issued
  • Binding conditions imposed upon the contracting parties
  • Nullity of the legal transaction in the event of
    • Refusal to issue the permit
    • Revocation of the permit
    • Rejection of entry in the land register
    • Execution without making enquiries about the need to obtain a permit
    • Execution before res judicata is established
  • Revocation in the event of failure to adhere to conditions, despite warning
  • Revocation if the permit was obtained deviously with incorrect information
  • Subsequent ascertain of the obligation to obtain a permit on account of incorrect or incomplete information

Null and void

If the transaction is declared null and void, this may have the following consequences:

  • Inability to claim promised performances
  • Ability to claim rendered performances back within one year
  • Inactivity of the parties
    • Lawsuit for the restoration of the original condition or for the foreclosure of the real estate by the cantonal authority entitled to lodge an appeal or by the Federal Office of Justice.

Punishment

Punishment in the form of a term of imprisonment or fine in the event of 

  • contravention of the obligation to obtain a permit
  • the provision of incorrect or incomplete information for the ascertainment of the obligation to obtain a permit or the issue of a permit to
    • the competent public authority
    • the office of the land register
    • the office of the commercial register
  • Failure to comply with conditions
  • Refusal to provide information
  • Refusal to surrender evidence