Co-Owning a Chalet in Gstaad · Family Ownership Guide

Co-owning a chalet in Switzerland works well when three things are settled before the notary appointment: the legal form of ownership, a written agreement on how the house is used and paid for, and a clear exit route for anyone who wants to leave. Most disputes we have seen in shared chalets did not start with money. They started with February half-term, a renovation one sibling wanted and another did not, or the death of a co-owner whose heirs had other plans.

This guide covers the Swiss forms of shared ownership, the clauses that matter, and the Lex Koller and tax points specific to Gstaad.

General information only. Co-ownership agreements are legal documents and should be drafted by a Swiss notary or lawyer.

The Three Swiss Forms of Shared Ownership

The Swiss Civil Code (ZGB) offers three forms. For a family chalet, the choice usually comes down to the first two.

Miteigentum: co-ownership in shares

Under Articles 646 and following of the Civil Code, each co-owner holds a defined fraction of the property: one half, one third, 40 percent. Each share is entered in the land register. A co-owner can sell, mortgage or bequeath their share without the others' consent, subject to the others' statutory right of first refusal.

This is the most common choice when siblings, friends or unmarried partners buy together. It is transparent: everyone knows what they own.

Gesamteigentum: joint ownership

In joint ownership there are no separate shares. The owners hold the whole together, and decisions about the property generally require all of them. As this comparison explains, joint ownership presupposes an existing relationship, such as a community of heirs, a marital property regime or a simple partnership (einfache Gesellschaft).

Families often find themselves in joint ownership without choosing it. When a parent dies and the chalet passes to several children who have not yet divided the estate, they hold it as a community of heirs. Every decision, including a sale, then requires unanimity.

Stockwerkeigentum: condominium ownership

Condominium ownership is a special form of co-ownership that gives each owner an exclusive right to a defined unit. It is how apartments are owned. For a family, it can be a solution when a large chalet is divided into separate flats, so each branch has its own space and its own share. Creating it requires a deed and entry in the land register.

The Agreement That Makes It Work

The law provides default rules, but they are not designed for a family holiday house. A written co-ownership agreement fills the gaps. We encourage clients to cover at least the following.

Use and calendar

Who uses the chalet when? Peak weeks in Gstaad, Christmas, New Year and the February holidays, are where friction starts. Common solutions are rotating peak weeks year by year, allocating by share size, or a simple booking system with clear rules for guests and for renting out.

Costs and contributions

Agree how running costs are split: by ownership share, by actual use, or a mix. Include the big items, not just utilities: building insurance, caretaking, snow clearing, wealth-related taxes, and a renovation fund. Our annual costs of owning a chalet in Gstaad gives a realistic list. Decide what happens if one co-owner does not pay.

Decisions and renovations

The Civil Code distinguishes ordinary administration from important measures and from structural changes, with different majority requirements. In practice, set your own thresholds: what a single owner can decide, what needs a majority, and what needs unanimity. A planned chalet renovation is where this is tested.

Rental

If one owner wants to rent the chalet out in weeks they do not use, agree whether that is allowed, how income is shared, and who handles tourist tax and declarations. See renting out a chalet in Gstaad legally.

Registering the agreement

Use and administration rules agreed among co-owners can be noted in the land register, which makes them binding on future co-owners, including heirs and buyers of a share. This is worth doing.

Exit Rules: the Clauses That Matter Most

Excluding forced dissolution

By default, any co-owner can ask for the co-ownership to be dissolved, which may end in a physical division (rarely possible with a chalet) or a sale. The Civil Code allows co-owners to exclude this right by agreement for a fixed period, and the exclusion can be noted in the land register. For a family house, this protects everyone from a sudden forced sale.

Right of first refusal and price

Co-owners have a statutory pre-emption right if a share is sold to an outsider. Families usually go further: an agreed method for setting the price (an independent valuation, for example), a timetable, and the option for the remaining owners to buy together. An independent valuation clause avoids long arguments.

Death of a co-owner

Decide what happens to a share on death. Do heirs step in automatically? Do the other co-owners have the right to buy the share at a fair value? Coordinate this with each owner's will. Our article on Swiss inheritance law and property explains the forced heirship rules that may apply.

Deadlock

Include a mechanism for when owners cannot agree: mediation, a buy-sell clause, or ultimately an agreed sale process.

Mortgages and Liability

If co-owners take a joint mortgage, Swiss banks normally require them to be jointly and severally liable. Each owner may be liable for the whole loan, not just their share. Discuss this openly before signing. A separate mortgage on a single share is possible in law but rarely offered by banks for a family chalet. See financing property in Gstaad for the wider picture.

Lex Koller and Foreign Co-Owners

This is where Gstaad co-ownership becomes technical.

Each non-resident foreign co-owner is a person abroad. Their share is an acquisition under Lex Koller and may need authorisation from Canton Bern under the holiday-home rules.
One holiday home per family. A person abroad, together with their spouse and minor children, can generally hold only one holiday home in Switzerland.
Mixed families need care. Where one co-owner is Swiss or holds a C permit and another is a non-resident foreigner, the structure must be checked carefully. Do not assume that one eligible owner makes the whole purchase exempt.
Legal heirs are exempt. Inheriting a share from a parent does not require authorisation.

The notary will confirm the position before completion. Our guide to Lex Koller covers the authorisation process.

Tax Points

Each co-owner is taxed on their share. Wealth tax and, until 2029, the imputed rental value are attributed in proportion to ownership. From 2029 the Eigenmietwert ends, and Bern is consulting on a municipal second-home tax, which we explain in the new second-home tax in Canton Bern.
Transfers between family members can trigger transfer tax and property gains tax, although Canton Bern provides deferrals or exemptions for some family transfers, such as inheritance and certain gifts. Check before moving shares.
Gifts with a retained right. Parents sometimes give the chalet to their children while keeping a usufruct (Nutzniessung) or a right of residence (Wohnrecht). This can be an elegant way to pass on a house during your lifetime while still using it. It has tax and inheritance consequences that need advice.

Alternatives Worth Considering

Co-ownership is not the only route.

One owner, others as guests. Simple, but the others build no equity.
One owner with a usufruct or right of residence for family members.
A company. Rarely efficient for a family chalet in Switzerland and not available to non-residents for a holiday home. See buying a Gstaad chalet through a company or trust.
Separate properties. In a market like Gstaad, two apartments in the same building sometimes keep a family closer than one chalet.

Frequently Asked Questions

What is the difference between Miteigentum and Gesamteigentum?

In Miteigentum (co-ownership in shares) each owner holds a defined fraction, such as one half or one third, which they can sell or mortgage. In Gesamteigentum (joint ownership) there are no separate shares, and decisions about the property require all owners. Joint ownership arises from a prior relationship, such as a community of heirs or a simple partnership.

Can a co-owner force the sale of a shared chalet in Switzerland?

By default, a co-owner can demand the dissolution of co-ownership, which may end in a sale. The co-owners can exclude this right by agreement for a limited period, and the exclusion can be noted in the land register. This is one of the most important clauses in any family agreement.

Do co-owners have a right of first refusal in Switzerland?

Yes. Under the Swiss Civil Code, co-owners have a statutory pre-emption right if another co-owner sells their share to an outsider. Families often add contractual rules on price and timing to make it workable.

Can foreign family members co-own a chalet in Gstaad?

Yes, but each non-resident foreign co-owner is a person abroad under Lex Koller, so their share is subject to the authorisation rules, and a family can generally hold only one holiday home. The notary checks this before the purchase is completed.

If you are thinking of buying with family or friends, we can help you find a property that suits a shared life and introduce you to notaries who draft these agreements well. Get in touch.

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For a confidential conversation about your search or sale, contact The Gstaad Collection.