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Real estate

Our specialist lawyers provide advice and assistance to the Firm’s clients on all legal matters relating to real estate law, including civil, administrative, tax, and financial aspects.

Our clientele includes individual property owners, institutional and private investors, general contractors, property developers, financial institutions, public authorities, and foreign nationals looking to acquire property in Switzerland.

We advise our clients in all areas related to real rights, particularly in the negotiation of authentic deeds (acquisitions, easements, land charges, etc.) and represent them before civil courts in cases of neighbour disputes, as well as contractual issues (construction defects; warranties; etc.).

Our Firm is particularly active in the following areas:

  • Real estate transactions (asset sales, share capital sales, sale and leaseback)
  • Real estate development projects (feasibility analysis with regard to land-use planning, construction, and environmental law)
  • Planning and building permit procedures
  • Advice on real estate financing
  • Negotiation and drafting of contracts for architects, engineers, developers, and general or total contractors
  • Commercial, residential, and usufructuary leases
  • Acquisition of real estate by persons living abroad (Lex Koller)
  • Matters related to second homes
  • Neighbour and co-ownership rights (including condominiums)
  • Real rights and actions to correct the Land Register
  • Legal mortgages (for craftsmen, contractors, and co-owners)

Our team works in French, English, Italian, Spanish, German, and Turkish.

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Construction & land-use planning

Our lawyers specialising in construction and land-use planning law advise clients through all stages of a construction project, starting with the planning phase, whether that involves rezoning (for densification) or localized neighbourhood plans, and throughout the building permit process. Our expertise extends to environmental law, expropriation, and legal pre-emption rights.

We also intervene before the litigation phase by providing submissions during site plan adoptions, municipal master plans, neighbourhood plans, or property inventory procedures, and subsequently during the litigation phase if necessary.

Leases

Our lawyers specialising in lease law have extensive experience in the field. Whether you are a landlord, tenant, private, or institutional property owner, we provide advice on all aspects of rental law, including commercial leases (and usufructuary leases), and represent clients before the country’s competent courts.

We offer expertise in several areas of lease law, including:

  • Assistance with lease negotiations
  • Drafting and reviewing lease agreements
  • Contesting unilateral lease modifications (rent increases, terminations, etc.)
  • Eviction proceedings
  • Representation before the relevant courts

Developers

Whether you are an investor, lender, developer, landowner, or have another role in the real estate market, it is essential to receive experienced and tailored advice from professionals who understand your needs. This is where Borel & Barbey steps in, guiding you through an ever-changing environment.

We draw on our extensive experience and expertise to help you succeed in all your real estate ventures and projects.

Whether you need advice on project financing, acquisition and sale, development, construction, or investment, or require an expert adviser to resolve a real estate dispute, our specialist lawyers are here to ensure your success.

Public domain use

Our lawyers have expertise in the use of the public domain, whether it is for one-off cases (e.g., scaffolding during construction), recurring situations (e.g., summer terraces for restaurants), or long-term uses (e.g., encroachments on pavements, private port installations).

We assist our clients in obtaining public domain usage rights and, if necessary, appealing decisions made by authorities.

Public authorities

Our team has extensive experience in the workings and needs of public authorities and can provide ad-hoc or ongoing legal support, particularly for smaller structures.

We offer assistance in both non-contentious phases (preparing files and decisions) and contentious phases if decisions are contested.

Public procurement

We assist clients in both the preparation of tender and bid documents and in contesting decisions made during the procurement process.

Our expertise also covers complex procedures, such as parallel study mandates.

Administrative law

Our team assists clients across various sectors regulated by authorities, including operating licenses (permits, practice rights, etc.), both at the point of issuance and later, for instance, in cases of revocation or sanctions.

We advise both individuals dealing with administrative procedures and public authorities seeking ad-hoc or ongoing legal support.

We have specific expertise in contesting administrative decisions of all types (appeal procedures at both the cantonal and federal levels) and in preparing files to obtain decisions (non-contentious phase). We also assist clients in longer procedures, such as land-use planning and building permits.

Environmental law

We assist our clients with procedures relating to the application of environmental and nature protection laws, among other matters, with respect to contaminated sites or interventions in natural environments (tree felling, forest determinations, lake works, etc.).

NEWS Real estate

“There are old buildings and old buildings!”

Il y a immeuble ancien et immeuble ancien!, Le Journal de l’Immobilier, 11.12.2024   Under what conditions can a building be classified as old, allowing rents to be set based...
12 December 2024

“Landlord’s own needs: more flexible requirements”

Besoins propres du bailleur: exigences assouplies, Le Journal de l’Immobilier, 30.10.2024   On 24 November 2024, the Swiss people will be asked to vote on an amendment to the law...
31 October 2024

Becoming a homeowner is a matter of public interest!

In the latest edition of le Journal de l’Immobilier, Borel & Barbey partner Patrick Blaser takes the headline with his article discussing the recent decision 1C_138/2023 dated 10 June 2024,...
10 October 2024