Real Estate

Our services cover the entire spectrum of construction and real estate law. Due to our interdisciplinary setup with legal experts from a wide range of sub-areas of law, we can analyze complex topics under all relevant aspects and present our clients with outstanding advice from one single source.

  • Real estate transactions
  • Legal assistance for real estate development and construction projects
  • Construction and real estate financing
  • Representation of clients in international and national disputes in the construction and real estate sector
  • Regulatory advice (incl. with respect to Lex Koller and the Second Homes Act)
  • Tenancy law
  • Tax-optimized structuring of projects in the real estate sector
  • Real Estate Transactions

    We rely on experience from handling various real estate portfolio sales, and regularly act as lead counsel in real estate transactions and work together with local law firms and notaries. Our core competencies include:

    • Sale and acquisition of real estate, industrial, commercial and residential real estate
    • Sale and lease-back transactions
    • Real estate carve-out transactions
    • Legal due diligence, contract drafting and negotiations
    • Permits (for example, Lex Koller, Federal Law on Agricultural Land Rights)
  • Real Estate Development

    We provide comprehensive support for real estate development projects. Our core competencies relate to:

    • Project support (advising and representing project owners in contract negotiations with investors or project developers, contract drafting)
    • Construction agreements (incl. relevant domestic and international standards)
    • Advice on matters of tenancy law
    • Joint venture (ARGE) contracts and PPP-contracts
    • Public procurement law (domestic and international)
  • Real Estate Finance

    We advise real estate lenders and investors on all aspects of real estate and real estate projects. Our core competencies include:

    • Bilateral and syndicated credit facilities to finance projects, including refinancing and restructuring
    • Structured financing where combining credit facilities with capital market instruments or mezzanine components
    • Real estate related collateralization of credit facilities
  • Litigation and Arbitration

    We have long-standing and internationally recognized experience in representing clients in international and domestic proceedings before state courts and arbitral tribunals in construction and other real estate related disputes. Our core competencies in this area include:

    • Representation in international and domestic state court and arbitration proceedings in connection with construction agreements, in particular with respect to industrial plant construction and infrastructure projects, as well as real estate transactions
    • Representation and advice in connection with alternative dispute resolution mechanisms (DRBs, DABs, etc.)
    • Representation and advice relating to proceedings involving property matters (including workmanship liens, neighbour rights, etc.)
  • Lex Koller / Secondary Residence Regulations

    We regularly advise on regulatory issues concerning real estate acquisitions by foreign persons and represent clients in relevant permit proceedings before public authorities. In addition, we advise clients on legal matters concerning secondary residence regulations in Switzerland.

  • Real Estate Tax

    Together with the experts from our Tax Team we advise clients in connection with tax optimized structuring of real estate investment and divestment transactions.
    Our core competencies include:

    • Advice on all types of real estate taxes (real estate income tax, property transfer tax and VAT, land registration fees) applicable to real estate transactions in all cantons in Switzerland
    • Advice on tax aspects of real estate financing
  • Bulletin
  • News
  • Publications

Homburger advised Swiss Prime Site Solutions AG in relation to its authorization by FINMA as a fund management company

Deals & Cases

Homburger advised Toni Hilti Familien-Treuhänderschaft in its investment in hotel project in Arbon

Deals & Cases

Kimberly-Clark closes sale of paper mill in Niederbipp (Switzerland)

Deals & Cases

Les pièges de l'expertise privée en droit de la construction, analyse de l'arrêt du Tribunal fédéral 4A_494/2020

Frédéric Fitzi François Bohnet

Die unechte Konventionalstrafe bei Nichtausübung des Kaufsrechts an einem Grundstück

Giovanni DazioHans Caspar von der Crone