Since January 1, 2008, the acquisition of real estate by institutional beneficiaries, i.e. foreign States and organisations benefiting from an agreement on privileges and immunities, has been governed by
- chapter 3 of the Host State Act (art. 16 and 17 LEH, RS 192.12)
- and chapter 5 of the Host State Ordinance (art. 25 et 26 OLEH, RS 192.121)
The term acquisition of property refers to the acquisition of a right of possession of property, of plot, of dwelling or of usufruct of a property, as well as the acquisition of other rights which confer on their holder a position analogous to that of an owner, such as surface rights, leasehold or long-term rental if the agreements involved exceed the customary duration in civil matters.
Property allocated to official purposes means buildings or parts of buildings and the adjoining land which are used for the official purposes of the institutional beneficiary (residence of the head of mission, chancellery of the representation, official offices of the organisation). A change in the purpose of use of a property is to be regarded as equivalent to an acquisition.
The acquisition of property by an institutional beneficiary is subject to a request to the Federal Department of Foreign Affairs (FDFA - Directorate of International Law). The Directorate of International Law (DDIP) is the competent entity to issue the decision authorising the acquisition. The DDIP is also responsible for checking, after consulting the canton concerned, whether the acquirer is in fact an institutional beneficiary and whether the acquisition has taken place for official purposes. A positive decision presupposes that the necessary authorizations have been granted by the competent authorities, notably building and security permits.
Once the institutional beneficiary has identified a property that meets its needs for an acquisition or rental, and before sending a formal request to the FDFA, it is advisable to contact the Permanent Mission of Switzerland to the United Nations in Geneva by e-mail, which can carry out preliminary checks.
Content of the application
In accordance with article 25 OLEH, the application must include in particular:
a) names and address of the applicant, of his/her representatives and of the person disposing of the property as well as the address of the property;
b) the draft deed of acquisition, indicating the mode of acquisition (purchase, donation, long-term lease, etc). Where applicable, the draft long-term leasing contract;
c) the purpose of the acquisition (residence of the head of mission, chancellery of the representation, etc.);
d) description of the property concerned, including in particular the land register number, the total area of the plot and of the building;
e) list of properties already owned by the State in Switzerland, together with indication of the total area and the purpose for which the properties are used.
The Federal Department of Foreign Affairs may impose conditions for the acquisition of a property. It may in particular insist on reciprocity if the acquisition is made by a foreign State for the official needs of its diplomatic mission, its consular posts or its permanent missions to inter-governmental organisations in Switzerland (art. 25, para. 4, OLEH).
Duration of the procedure: as a general rule, a period of at least 2 to 3 months should be allowed for this procedure.
