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What is the right of pre-emption?

Legislation

The right of pre-emption grants a preferential right of purchase which may be in favour of a natural person or a legal entity. In this case, the person having obtained this right of pre-emption will be able to acquire the property on which the right applies in priority if the owner decides to sell it. This right must be recorded in the land register and cannot exceed 25 years.

In which situations is it possible to have a right of pre-emption?

The right of pre-emption can apply in different cases:

For example, if you want to buy a farm in an agricultural area, a farmer has a right of pre-emption according to the law on rural land law.
Under the law on the promotion and preservation of rental stock, the communes or cantons can benefit from a right of pre-emption under certain conditions.
A co-owner has a right of pre-emption if an outsider wishes to purchase shares in the co-ownership to which he or she does not belong.

By Charline Demange, December 12, 2022

Additional definitions

Legislation

Right of purchase

The right of purchase gives a person the right to acquire a property for a defined period. It must be authenticated before a notary and cannot exceed 10 years to be valid.
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