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The condominium flat: what you buy along with it without seeing it

At the viewing you see the kitchen, bathroom and balcony. What you do not see: the roof, the heating, the renovation fund and the neighbours at the owners’ meeting. You buy all of that too.

What condominium ownership (Stockwerkeigentum) is

You are not buying a separate part of the building. You become a co-owner of the entire property and receive the exclusive right to use your flat and to fit out its interior. The law calls this the exclusive right (Sonderrecht). The roof, façade, stairwell, heating and garden belong to everyone jointly.

The ownership share (Wertquote) states how large your share of the whole is. As a rule it determines your costs and often also the weight of your vote.

Four documents to read before you buy

The regulations (Reglement). They set out what you are allowed to do: pets, alterations, letting, use as an office. And how the costs are allocated.

The minutes of the last three meetings. These show what is in dispute and what has been decided. Resolutions of the community of owners also apply to you as the new owner. If a façade renovation has been resolved, you pay your share.

The annual accounts and the budget. From these you can see what the flat really costs per year: heating, caretaker, management, insurance, maintenance.

The balance of the renovation fund (Erneuerungsfonds). The law does not require a fund. Whether there is one and how much is in it is decided by each community itself. An empty fund in a thirty-year-old building means: the next big bill comes straight to you.

Two things buyers often overlook

Outstanding contributions. If the seller still owes contributions to the community, the community can have a lien registered on the flat for the last three years. Ask for confirmation from the management that nothing is outstanding.

Exclusive rights of use (Sondernutzungsrechte). The garden patio or the parking space often does not belong to the flat but is a right of use over communal land. Check where it is recorded: in the regulations or in the land register.

Why we know this so well

Madiba manages condominium owners’ communities. We sit in the meetings, keep the accounts and know the difference between a community that plans ahead and one that lives from one repair to the next. Dieter Ruf reads the documents with you and tells you what he sees.

Legal basis: Art. 712a et seq. of the Swiss Civil Code (ZGB) (condominium ownership), Art. 712i ZGB (lien of the community), Art. 649a ZGB (effect on legal successors)

Dieter Ruf
Dieter Ruf
Managing Director, Madiba Immobilien AG
MAS ZFH in Real Estate Management · eidg. dipl. Immobilientreuhänder
2008–2021 Präsident der Prüfungskommission der Höheren Fachprüfung Immobilientreuhand · 2009–2020 Präsident der Schweizerischen Fachprüfungskommission der Immobilienwirtschaft
“I look at every property myself. A sound valuation needs a site visit – and a conversation about what you actually intend to do.”

Madiba has been managing and brokering property in Basel since 1964. Mr Ruf handles the sale himself, from the first valuation to the notarial deed.

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Go through the documents together

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Go through the documents together