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Acquiring Real Estate in Switzerland Subject to the FLRA: A Guide for Non-Farmers

Acquiring real estate in Switzerland that is subject to the Federal Law on Rural Land Rights (FLRA) is a highly regulated process. This law aims to preserve agricultural land for farmers and prevent real estate speculation. If you are not a farmer, here are the key steps and considerations to take into account:

1. Verify the Status of the Property
First and foremost, ensure that the property you wish to acquire is indeed subject to the FLRA. Properties affected are those suitable for agricultural or horticultural use. You can obtain this information from the relevant cantonal or municipal authorities.

2. Identify Possible Exceptions
Certain smaller plots (less than 2,500 m²) may be exempt from the FLRA, particularly if they do not constitute an agricultural enterprise. A thorough review can help identify such exceptions.

3. Obtain an Acquisition Permit
As a non-farmer, acquiring an agricultural property requires a special permit. This is generally denied unless the buyer intends to operate the property personally for agricultural purposes. However, administrative processes can be initiated to assess the likelihood of obtaining such a permit.

4. Consider the Public Offer Requirement
If the property is subject to the FLRA, it must first be offered to local farmers through a public sale announcement published in the Official Gazette (FAO) and an agricultural journal. If no farmer expresses interest, the acquisition by a non-farmer may then be considered.

5. Adhere to Parceling Restrictions
The FLRA imposes strict rules regarding land parceling to ensure agricultural viability. Consequently, dividing property subject to the FLRA may be prohibited or highly restricted.

6. Evaluate the Purchase Price
The FLRA also regulates the sales prices of agricultural land to prevent speculation. The price is deemed excessive if it exceeds 5% of the average paid for comparable properties in the region over the past five years.

7. Consult Cantonal Authorities
Each canton has its own procedures for implementing the FLRA. It is essential to contact the relevant cantonal authorities to obtain accurate information on the feasibility of your acquisition. These authorities can also assist in preparing the necessary documentation.

Why Professional Guidance Is Essential
Navigating the complex FLRA regulations can be challenging, especially for non-farmers. At Patrick Immobilier, we specialize in such transactions and can assist you with:

Understanding the implications of the FLRA.
Preparing a compliant offer.
Managing relations with cantonal and federal authorities.
Contact us today for tailored support in acquiring your property subject to the FLRA.