Ground Lease Agreement Template for Switzerland

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Key Requirements PROMPT example:

Ground Lease Agreement

"I need a Ground Lease Agreement for a 50-year term starting March 2025, where my company will develop and operate a commercial logistics center on municipal land in Canton Zurich, with specific provisions for phased construction and environmental compliance."

Document background
The Ground Lease Agreement is a crucial document in Swiss real estate law, used when a party wishes to develop and use land without purchasing it outright. This arrangement is particularly valuable in Switzerland due to limited land availability and high property values. The agreement, governed by Articles 779-779l of the Swiss Civil Code, creates a distinct real right that can be registered in the land register. It specifies the grant of construction rights, duration (typically 30-100 years), ground rent, permitted uses, construction requirements, maintenance obligations, and return conditions. This type of agreement is commonly used for commercial developments, public infrastructure projects, and institutional developments where long-term land rights are needed without full property acquisition. The document must carefully balance the interests of both the landowner and the developer while ensuring compliance with federal and cantonal regulations.
Suggested Sections

1. Parties: Identification of the landowner (grantor) and the ground lease holder (grantee) with full legal details

2. Background: Context of the agreement, description of the property, and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Ground Lease: Formal grant of the ground lease right, including precise description of the land area and registration requirements

5. Duration: Term of the ground lease, including start date and end date (typically 30-100 years under Swiss law)

6. Ground Rent: Amount, payment terms, review mechanisms, and indexation of the ground rent

7. Construction Rights and Obligations: Scope of permitted construction, approval requirements, and construction timeline

8. Use Restrictions: Permitted uses of the land and buildings, including any restrictions or requirements

9. Maintenance and Repair: Obligations regarding maintenance of land and buildings

10. Insurance: Required insurance coverage for both land and buildings

11. Assignment and Transfer: Conditions for transferring or assigning the ground lease rights

12. Termination: Grounds for termination, process, and consequences

13. Return of Property: Conditions for return of property at lease end, including compensation for buildings

14. Notices: Process and requirements for formal communications between parties

15. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Environmental Provisions: Specific environmental obligations and protections, used when environmental risks are present

2. Development Phases: Detailed phasing of construction works, used for complex development projects

3. Mortgage Rights: Provisions regarding the creation of mortgage rights, used when financing is required

4. Pre-emption Rights: Rights of first refusal for either party, used when parties want mutual protection on transfers

5. Public Law Requirements: Specific obligations regarding public law permits, used for properties in specially regulated zones

6. Easements: Provisions regarding existing or required easements, used when access or utilities cross other properties

7. Special Use Provisions: Specific requirements for special use cases (e.g., commercial, industrial), used based on intended property use

8. Force Majeure: Provisions for extraordinary circumstances, used in long-term agreements for added security

Suggested Schedules

1. Land Plan: Detailed plan showing the exact area of land subject to the ground lease

2. Building Specifications: Technical specifications for permitted construction

3. Rent Calculation: Detailed methodology for calculating and adjusting ground rent

4. Land Register Extract: Current extract from the land register showing ownership and encumbrances

5. Construction Timeline: Detailed timeline for construction phases and milestones

6. Existing Easements: List and details of existing easements affecting the property

7. Insurance Requirements: Detailed specifications of required insurance coverage

8. Return Conditions: Detailed specifications for property condition upon return

9. Environmental Report: Current environmental status and any known contamination

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property Development

Industrial Development

Agriculture

Education

Healthcare

Retail

Hospitality

Manufacturing

Logistics

Public Infrastructure

Religious Institutions

Sports and Recreation

Relevant Teams

Real Estate

Legal

Finance

Operations

Facilities Management

Project Development

Risk Management

Compliance

Property Management

Construction

Commercial

Asset Management

Relevant Roles

Real Estate Director

Property Development Manager

Legal Counsel

Land Acquisition Manager

Chief Financial Officer

Facilities Manager

Construction Project Manager

Asset Manager

Property Manager

Real Estate Investment Manager

Urban Planning Director

Sustainability Manager

Risk Manager

Commercial Director

Operations Director

Industries
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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