Part under exclusive right | Communal parts in condominium ownership

What you need to know

Part under exclusive right | Communal parts in condominium ownership

What you need to know
Engel & Völkers Licence Partner Switzerland > Part under exclusive right of the condominium

Parts under exclusive right and communal parts and their use

Parts under exclusive right

According to the law, a condominium or its part under exclusive right must fulfil the following conditions:

  • it must include at least one room
  • it must constitute an economic entity
  • it must have its own entrance

These requirements apply, for example, to the flat, a cellar or hobby room, a loft or a lockable garage box. The exclusive right is not real ownership, per se, but a core right equivalent to an ownership-like position.

The components and equipment that may come under the exclusive right, are equipment elements (kitchens, sanitary installations, built-in wardrobes etc.), flooring (parquet, carpet etc.), ceilings and wall coverings, non-load-bearing partition wall inside the flat, doors inside the flat, a fireplace, Swedish stove, heaters of all kinds, radiators, supply and discharge lines of any kind, in as far as they exclusively serve the condominium, from the branching point on the respective storey.

Visible parts of the building, such as balconies, loggias or even windows, affect the exterior appearance of the building and are therefore considered communal.

Communal parts

The Swiss Civil Code also regulates the components of the condominium ownership regime which are not included in the exclusive rights of the co-owners.These are:

  • the floor or the building right on which the building was built
  • components important for the continued existence, structural layout and stability (statics) 

     of the building or rooms in the condominium or which have an impact on the external 

     shape and appearance of the building (foundation, floors, masonry, roof, insulation, seals)

  • systems and facilities which also intended for the use of other condominium owners for 

     their rooms (staircase, lift, heating, general supply and discharge lines)

Use of parts under the exclusive right

The usage rights of each condominium owner over their own parts should be as unlimited as possible. They should, therefore, be able to use, administer or construct their the part subject to their exclusive right as directly or indirectly as possible. This is only opposed by the law of neighbours, which is binding on the condominium owners. This law deals with the obligations of mutual consideration with regard to excessive effects such as noise, smells or vibrations. The right of exclusive use, which always relates to a communal part, is to be considered separately. This right gives the beneficiary the right of sole or exclusive use of communal parts of the building.

Use of the property | House rules

In addition to a clear division of a property, its use can also be defined. Various statutory provisions were enacted in the Swiss Civil Code which stipulate that each condominium owner may use, exploit or represent the object in so far as it is compatible with the rights of the other condominium owners. If a certain use, such as the letting of a flat on Airbnb, is to be prohibited, it is advisable to include this prohibition in the regulations in writing.

The house rules describe in a succinct manner the daily communal life in the community of owners. It is not a mandatory component of the condominium ownership regime, but a useful aid.

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