Ordinance on Land Register Fees (Land Register Fee Tariff) (Grundbuchgebührentarif) - Obligation to Pay Fees
Table of Provisions (18)
Statutory Text (18 Articles)
1. For the official acts of the land registry office, fees are to be paid in accordance with the general fee act and this regulation.
1. Liable for fees, in the case of property transfers, are the transferring and acquiring persons in equal parts; in the case of the establishment of real estate liens, the pledger; in the case of the establishment of easements, the beneficiary; and in other cases, the person who initiates the official action. Agreements to the contrary remain reserved.
2. The parties are jointly and severally liable for the fees. The joint and several liability does not apply to the party exempted from fees according to Art. 18 para. 2 of this ordinance.
1. The fees include compensation for the official activities ordinarily associated with the transactions in question, including usual preparatory work, paper, forms, certifications, and stamping.
2. Direct expenses, such as postage, telephone charges, copies, publications, etc., are to be reimbursed separately.
3. For official activities not listed in the present tariff, such as preliminary examinations, rejections, and investigations, a fee at an hourly rate of CHF 80 to CHF 200 is to be charged.
1. The Government Council issues regulations on accounting and invoicing.
1. For the calculation of fees based on value, the contract amount is considered to be the total sum of all contributions flowing to the person disposing of or encumbering the property, or to be made by the acquiring or entitled person (excluding the value of movables). If the legal title does not provide such details, or if the value is below the net taxable value for non-agricultural properties or the income value for agricultural properties, then the net taxable value or income value, respectively, shall be considered as the contract amount.
2. For periodic contractual performances, the basis for fee calculation is the amount corresponding to twenty times the annual performance.
1. For the transfer of ownership, the fee amounts to 1.5 ‰ up to CHF 1,000,000, plus 1 ‰ of the amount exceeding CHF 1,000,000 of the contract value, but per transfer of property at least CHF 100 and at most CHF 15,000.
2. For exchange contracts and land redistribution, the fee shall be levied separately for each property involved.
3. For changes of name of natural persons, changes of name and/or relocations of the registered office of general partnerships, limited partnerships, and legal entities, the fee is CHF 60. If the name change of a natural person is effected simultaneously with another legal transaction, it is exempt from the fee.
4. In the case of mergers, demergers, conversions, and asset transfers of corporations, the fee per property amounts to CHF 150.
5. For changes in the partnership status of joint ownership, the fee is to be collected proportionally according to paragraph 1, but at least CHF 100.
6. For the transformation of joint ownership into another form of joint ownership or into co-ownership and vice versa, without a change in the partnership status, the fee is CHF 100.
1. For the establishment of condominium ownership, the fee amounts to 0.5 ‰ of the net taxable value of the property or the leasehold property, but at least CHF 200 and at most CHF 15,000.
2. For buildings still under construction, the applicable value is calculated based on the net taxable value of the property or the leasehold property and 80% of the building value according to the construction cost estimate.
3. For the modification of a condominium ownership relationship, the fee is CHF 200.
4. For the cancellation of a condominium ownership relationship, the fee is CHF 100.
1. For the establishment of co-ownership and the amendment of a co-ownership relationship, the fee is CHF 200.
2. For the cancellation of a co-ownership relationship, the fee is CHF 100.
1. For the registration of a water rights concession or a mining operation, the fee amounts to CHF 200.- to CHF 1,500.-.
2. For the transfer of a right mentioned in paragraph 1, the fee is levied in accordance with Art. 6 of this ordinance.
3. For the cancellation of a water rights concession or a mining operation, the fee amounts to CHF 100.-.
1. For the registration of an easement, the fee is CHF 80 per right.
2. For the registration of a personal servitude, the fee is CHF 80 per property.
3. For the registration of a charge, the fee is 2‰ of the total value, but at least CHF 80.
4. For the amendment of an easement or charge, the fee is CHF 40.
5. The cancellation of an easement or charge is free of charge.
1. For the registration of an independent and permanent right, the fee shall be levied in accordance with Art. 6 para. 1 of this regulation, but at least CHF 100.-.
2. For the extension or modification of an independent and permanent right, the fee shall be CHF 200.-.
3. For the deletion of an independent and permanent right, the fee shall be CHF 100.-.
1. For the registration of a mortgage lien, the fee amounts to 2 ‰ of the secured amount up to CHF 500,000, plus 1.5 ‰ of the excess amount up to CHF 1,000,000, plus 1 ‰ of the excess amount over CHF 1,000,000, with a minimum of CHF 80 and a maximum of CHF 10,000.
2. For the registration of an increase in the secured amount, the fee is charged in accordance with paragraph 1, with a minimum of CHF 80.
3. When deleting mortgage liens, the amount of the previous secured sum is taken into account for simultaneous establishment of a new mortgage lien. The fee amounts to one quarter of the rate according to paragraph 1, with a minimum of CHF 80.
4. For the conversion of mortgage liens, a renewal of the mortgage and the substitution of the mortgage claim, the fee amounts to one quarter of the rate according to paragraph 1, with a minimum of CHF 80.
5. For the conversion of a paper mortgage certificate into a register mortgage certificate and vice versa, the fee is CHF 50.
6. For entering a vacant mortgage rank, the fee is CHF 50. If a vacant mortgage rank arises by operation of law due to deletion or reduction of the previous mortgage, the registration is free of charge.
7. For the consolidation and division of mortgage liens, the fee is CHF 30 per mortgage lien, but not more than CHF 200. The basis for calculation is the previous entries in the case of consolidation and the new entries in the case of division.
8. For the reduction of the secured amount, the change of the interest rate, rank and precedence changes, as well as rank changes of mortgage liens in relation to easements, land charges, or preliminary notices, the fee for each change is CHF 30.
9. For the distribution of mortgaged liability, increase of mortgage, release from mortgage, and exchange of mortgage, the fee for each mortgage lien is CHF 30.
10. For the entry of a new creditor, pledgee, debtor, or usufructuary in the land register and the indication of the authorized representative for the mortgage certificate, valid debt acknowledgment, and bond, the fee is CHF 40 each. Deletion is free of charge.
11. The fees for entries in the main register include the corresponding changes in the mortgage title or the invalidation of the title.
12. For the issuance of a mortgage title and the extract from the land register about the entry of a land charge or the registration of a register mortgage certificate, the fee is CHF 50.
13. The deletion of a mortgage lien is free of charge.
1. The fee for the registration of a purchase, pre-emption, and repurchase right is CHF 150.
2. The fee for the registration of other annotations is CHF 80.
3. If an annotation must be made on more than one property, the surcharge for each additional property is CHF 10.
4. If multiple individuals are to be registered as entitled persons, the surcharge for the second and each additional person is CHF 10.
5. The fee for amending an annotation is CHF 40.
6. The deletion of an annotation is free of charge.
1. The fee for entering a note is CHF 80.
2. If a note must be made on more than one property, there is an additional charge of CHF 10 for each additional property.
3. The fee for amending a note is CHF 40.
4. The deletion of a note is free of charge.
1. For the opening and closing of a main ledger sheet, the fee is CHF 50.
2. For the rectification of easements, encumbrances, priority notices, and annotations, the fee for each entry on each property that transfers area is CHF 10.
1. Oral information is generally provided free of charge. If it lasts longer than half an hour, a fee corresponding to the required expertise is to be calculated at an hourly rate of Fr. 80.- to Fr. 200.-.
2. For complete land register extracts, the fee per extract is Fr. 50.-. If the extract is prepared for more than one property, there is a surcharge of Fr. 10.- for each additional property.
3. For partial extracts, the fee is Fr. 30.-. If the partial extract is prepared for more than one property, there is a surcharge of Fr. 10.- for each additional property.
4. For ownership registers, the fee is Fr. 20.-.
5. Information and land register extracts needed by cantonal offices and municipalities for the execution of their duties are free of charge.
6. No expenses are reimbursed for the dispatch of extracts and ownership registers in accordance with Art. 3 Para. 2 of this ordinance.
7. For internal certifications, the fee is Fr. 20.-.
8. For the collection of fees for access to the data of the computerized land register, the government council issues implementing provisions.
1. For the safekeeping or storage of mortgage certificates and bearer bonds, the fee is CHF 40. In the case of title cancellation, the fee is waived.
1. The following official acts are exempt from fees
a. Entries related to land improvements or land exchanges for the consolidation of agricultural enterprises, and for entries of land charges to secure investment loans and operating aid loans;
b. Entries that become necessary due to the regulation of cantonal or municipal boundaries.
2. No fees shall be charged by the canton and by the municipalities. The other party, which cannot claim fee exemption, is generally liable for its share of the fees even if otherwise agreed.
3. For expropriation under federal law, only clerical fees may be charged for the transfer of ownership pursuant to Article 92 of the Federal Expropriation Act (EntG). The term "clerical fee" is governed by Article 3 of the General Fees Act.