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211.412 EGBEWG CH-SH

Introductory Act to the Federal Act on the Acquisition of Real Estate by Persons Abroad (EG BewG) - Purpose (EGBEWG)

14 Articles / Provisions · Switzerland · Canton of Schaffhausen
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Table of Provisions (14)

Statutory Text (14 Articles)

General Provisions

1. This law governs the implementation of the Federal Act of December 16, 1983, on the Acquisition of Real Estate by Persons Abroad (BewG).

Authorities

1. The authorizing authority pursuant to Article 15 paragraph 1 letter a of the BewG is the Department of Economic Affairs.

Authorities

1. The authority entitled to file a complaint pursuant to Art. 15 para. 1 lit. b of the BewG is the President of the Higher Court, and in the event of their incapacity, the Vice President of the Higher Court.

Authorities

1. The appellate authority pursuant to Article 15, paragraph 1, letter c of the Administration of Justice Act is the Government Council.

2. The provisions of the Act on Legal Protection in Administrative Matters are applicable to the appellate procedure, insofar as federal law does not provide otherwise.

Authorities

1. For disputes of a civil nature pursuant to Articles 26 and 27 of the BewG, the ordinary civil courts have jurisdiction; for criminal matters pursuant to Articles 28-35, the ordinary criminal justice authorities are competent.

Cantonal Approval Grounds and Restrictions

1. In addition to the cases regulated by the Federal Act, the acquisition of a property in the Canton of Schaffhausen is permitted if the property serves as the primary residence for a natural person at the place of their lawful and actual domicile, for the duration of the residence (Art. 9 para. 1 lit. b BewG).

2. A permit is generally only granted if the applicant has resided in Switzerland for at least one year with a foreign police residence permit or another corresponding authorization.

Cantonal Approval Grounds and Restrictions

1. Acquisition may further be authorized within the framework of the cantonal quota if the property serves as a residential unit for a natural person in an aparthotel.

2. The government council shall determine the municipalities in which, in accordance with Art. 9 para. 3 of the BewG, the acquisition of residential units in aparthotels is permissible to promote tourism.

3. The municipalities shall be consulted.

Cantonal Approval Grounds and Restrictions

1. Depository for the Custody of Shares in Real Estate Companies is the Schaffhauser Cantonal Bank. The Government Council may designate additional banks with a registered office or branch in the Canton of Schaffhausen as depository institutions.

**Procedure**

1. Applications for the granting of a permit must be submitted in writing in duplicate and justified to the permitting authority. Documents and evidence must be attached to the application.

**Procedure**

1. The granting authority must conduct all necessary investigations upon receipt of the application. In particular, it may request tax records and obtain a report from the municipal authority at the location of the property. It may also consult experts.

**Procedure**

1. The granting authority must communicate its decision in writing to the parties, the authority entitled to appeal, the municipal council where the object is located, and the land registry office.

**Procedure**

1. For decisions pursuant to Art. 17 of the BewG, as well as for other official acts, expert reports, and similar matters, costs and fees are levied in accordance with the Ordinance on Fees in Cantonal Administrative Procedure.

**Procedure**

1. The Land Registry Office reports to the Federal Office of Justice the dispositions and property transfers necessary for maintaining statistics.

Final Provisions

1. This law shall enter into force on a date to be determined by the Government Council, following its approval by the people and the ratification by the Federal Council.

2. It shall be published in the Official Gazette and incorporated into the cantonal compendium of laws.

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