Summary

The Swiss Federal Council adopted a message on the modernization of condominium ownership law on May 13, 2026. The amendments to the Civil Code (ZGB) are intended to increase legal certainty and close new regulatory gaps. Specifically, condominium ownership in not yet constructed properties will be explicitly regulated in the future, and a right of action for the establishment of renewal funds will be introduced. The vast majority of consultation participants welcome the proposals.

Persons

  • Federal Council (collective role)

Topics

  • Condominium ownership law
  • Civil Code (ZGB)
  • Renewal funds
  • Residential property ownership

Clarus Lead

The reform addresses a 60-year regulatory gap: Since 1965, the Civil Code has only regulated condominium ownership in existing buildings, not in properties not yet built – a practice that is now widespread. The new right of action for underfunded renewal funds addresses a central implementation problem: insufficient renovation funds currently block necessary renovations and thus endanger the value retention of residential properties. The regulation of special use rights creates additional clarity for communities.

Detailed Summary

Condominium ownership enables owners to use and develop individual building components exclusively, while costs for shared facilities such as heating or gardens are shared. This structure makes residential property ownership accessible to people with lower financial means. The reform is based on a parliamentary motion (19.3410 Caroni) and follows broad consultation.

The core problem addressed by the new regulation is the lack of financing security: many condominium owner associations have no or underfunded renewal funds. The right of action now enables tailor-made judicial solutions without imposing a general obligation to establish funds – a compromise that preserves the autonomy of owner associations. In parallel, special use rights to shared property parts (parking spaces, gardens) will in future be explicitly anchored in law to increase legal certainty and reduce conflicts.

Key Statements

  • The Federal Council explicitly regulates condominium ownership in not yet constructed properties in the Civil Code for the first time
  • A new right of action enables owners to judicially enforce the establishment of underfunded renewal funds
  • Special use rights to shared property parts will in future be legally clarified
  • The reform foregoes a general obligation to establish funds in order to preserve the autonomy of owner associations

Critical Questions

  1. Evidence: How many condominium owner associations in Switzerland are currently affected by underfunded or missing renewal funds? What data supports the necessity of this reform?

  2. Conflicts of Interest: What positions did real estate associations, owner organizations, and tenant associations take in the consultation? Were there dissenting votes?

  3. Causality: Will the right of action actually lead to more renovations, or will new conflicts arise through judicially mandated funds? What alternatives to the right of action were considered?

  4. Feasibility: How will courts define "tailor-made solutions"? What cost burden do individual owners bear in legal proceedings?

  5. Autonomy vs. Protection: Why does the Federal Council forgo a general obligation to establish funds, even though missing funds block renovations?

  6. Transitional Provisions: How are existing condominium owner associations without renewal funds treated? Are there transition periods or grandfather clauses?

Source Directory

Primary Source: Federal Council – Modernization of Condominium Ownership Law – https://www.news.admin.ch/de/newnsb/H37Zao7MkbPzmY5PnFuln

Verification Status: ✓ 13.05.2026

This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-checking: 13.05.2026