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Apartment Deed

Apartment Deed Template for Switzerland

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Key Requirements PROMPT example:

Apartment Deed

"I need a Swiss Apartment Deed for a newly constructed 12-unit luxury residential building in Zurich, with specific provisions for a shared rooftop garden and wellness facilities, planned for completion in March 2025."

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Document background
An Apartment Deed is a crucial legal instrument in Swiss property law, used when establishing condominium ownership (Stockwerkeigentum) in a building or development. This document becomes necessary when subdividing a property into individual units for separate ownership, whether in new construction or converting existing buildings. The deed must comply with strict Swiss legal requirements, particularly the Swiss Civil Code and cantonal regulations, and requires notarization before registration in the land registry. It contains essential information about property units, ownership shares, common areas, management rules, and cost allocation. The Apartment Deed serves as the foundational document for all future property management decisions and owner relationships, making it essential for property developers, investors, and individual unit purchasers. Its contents are binding on all current and future owners of the units.
Suggested Sections

1. Identification of Parties: Details of the current property owner(s) establishing the condominium ownership and any other relevant parties

2. Property Description: Detailed description of the main property including land registry data, plot number, address, and total surface area

3. Definitions: Key terms used throughout the deed, including technical terms and specific references

4. Establishment of Condominium Ownership: Formal declaration establishing the condominium ownership structure

5. Unit Descriptions: Detailed description of each individual unit including exact measurements, floor plans, and unit numbers

6. Common Areas: Definition and description of common areas and facilities, including access ways, stairwells, and technical installations

7. Ownership Shares: Specification of ownership quotas for each unit in relation to the whole property

8. Rights of Exclusive Use: Definition of exclusive use rights for specific areas (e.g., parking spaces, garden areas, storage units)

9. Management and Administration: Basic rules for property management, decision-making processes, and administrative responsibilities

10. Cost Allocation: Distribution of common costs and maintenance expenses among unit owners

11. Insurance and Liability: Requirements for building insurance and liability provisions

12. Land Registry Instructions: Specific instructions for the land registry office regarding the registration of the condominium units

Optional Sections

1. Special Use Rights: Additional section needed when specific units have special rights or privileges beyond standard usage

2. Building Regulations: Include when specific rules for building use and modifications need to be established

3. Professional Management: Required when a professional property management company will be appointed from the start

4. Development Rights: Necessary when future development or modification rights need to be reserved

5. Environmental Provisions: Include when the property has specific environmental obligations or restrictions

6. Commercial Use Provisions: Required when any units are designated for commercial use

7. Neighbor Relations: Include when specific agreements with neighboring properties need to be documented

8. Historical Protection: Necessary when the building is under historical protection or conservation orders

Suggested Schedules

1. Floor Plans: Detailed architectural plans showing unit boundaries and common areas

2. Land Registry Extract: Current extract from the land registry showing property details

3. Ownership Schedule: Table showing all units with their respective sizes and ownership shares

4. Common Parts Plan: Plans specifically highlighting common areas and facilities

5. Exclusive Use Areas Plan: Plans showing areas designated for exclusive use by specific units

6. Technical Specifications: Details of building systems, installations, and technical infrastructure

7. Cost Allocation Table: Detailed breakdown of how different types of costs are allocated

8. Easements Documentation: Copies of any existing easements affecting the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Main Building
Unit
Common Parts
Exclusive Use Areas
Ownership Share
Value Quota
Cost Share
Management Regulations
Common Facilities
Special Use Rights
Condominium Association
Building Rules
Administrator
General Meeting
Operating Costs
Maintenance Costs
Reserve Fund
Common Property Insurance
Land Registry
Exclusive Right of Use
Technical Installations
Building Services
Utility Systems
Common Access Areas
Structural Elements
Façade
Load-bearing Walls
Building Envelope
Joint Ownership Agreement
Management Committee
Annual Charges
Special Assessments
Building Maintenance Plan
Development Rights
Easements
Parking Spaces
Storage Units
Garden Areas
Balcony
Terrace
Floor Area
Unit Boundaries
Common Interest
Clauses
Property Description
Ownership Rights
Common Property
Exclusive Use Rights
Management Structure
Decision Making
Cost Allocation
Maintenance Obligations
Insurance Requirements
Use Restrictions
Alterations and Improvements
Dispute Resolution
Voting Rights
Financial Obligations
Reserve Fund
Property Management
Access Rights
Utilities and Services
Building Rules
Sale and Transfer
Mortgages and Liens
Environmental Compliance
Emergency Procedures
Structural Modifications
Administrative Provisions
Registration Requirements
Easements and Restrictions
Severability
Amendments
Force Majeure
Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Banking & Finance

Property Management

Urban Development

Architecture & Design

Relevant Teams

Legal

Real Estate

Property Management

Development

Facilities Management

Asset Management

Investment

Compliance

Construction

Operations

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Manager

Notary Public

Land Registry Officer

Property Manager

Real Estate Investment Manager

Development Director

Legal Counsel

Architectural Manager

Construction Manager

Facilities Manager

Real Estate Transaction Manager

Asset Manager

Industries
Swiss Civil Code (ZGB/CC) Art. 712a-712t: Core provisions governing condominium ownership (Stockwerkeigentum), including definition, establishment, rights and obligations of owners, and common property management
Swiss Civil Code (ZGB/CC) Art. 942-977: Regulations regarding the land registry system (Grundbuch), including registration requirements and legal effects of registration
Swiss Code of Obligations (OR/CO) Art. 216: Requirements for the form and content of contracts for the sale of real estate
Swiss Civil Code (ZGB/CC) Art. 646-651: General provisions on co-ownership which apply subsidiarily to condominium ownership
Federal Act on Land Use Planning (RPG/LAT): Regulations affecting property use and development, which may impact apartment deed contents regarding usage rights and restrictions
Federal Act on the Acquisition of Real Estate by Persons Abroad (BewG/LFAIE): Restrictions on property acquisition by foreign persons (Lex Koller), which may need to be addressed in the deed
Cantonal Property Transfer Laws: Local regulations governing property transfers, taxes, and formal requirements specific to the canton where the property is located
Swiss Civil Code (ZGB/CC) Art. 730-744: Provisions regarding easements and real burdens that may affect the property and need to be documented in the deed
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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