Switzerland is one of the most restrictive countries in Europe for foreign property buyers. If you are not Swiss and do not hold a C permit, federal law limits what you can buy. These are not soft guidelines. They are enforced, and violations can result in forced sale.
This article is the blunt version. Not the "how to buy" guide (that is here) but the list of what you cannot do.
The Core Restrictions
1. No Detached Chalets
Under Lex Koller, non-resident foreigners cannot buy detached chalets as holiday homes. This is the restriction that surprises most international buyers.
- What is restricted: Single-family houses, detached chalets, individual villas
- Why: Lex Koller classifies these as "real estate" that foreign persons may not acquire without authorisation, and authorisation is not granted for detached holiday homes
- The exception: If you relocate to Switzerland with a B permit, you can buy a detached chalet as your primary residence. But not as a holiday home.
This means the classic Gstaad chalet, timber-built on its own plot with a garden and mountain views, is legally unavailable to you as a non-resident foreigner buying a second home. You are limited to apartments.
2. Apartments Only in Tourist Zones
The apartments you can buy must be in areas designated for tourist accommodation (Tourismuszonen). In Gstaad and the Saanenland, most of the village and surrounding areas qualify, so this is rarely a problem in practice. But properties outside the designated zones are off-limits.
Your notary and the cantonal authorities will verify the zone classification during the purchase process.
3. Size Limits
Lex Koller imposes a maximum net living area of 200m² for holiday properties purchased by non-resident foreigners. This includes all usable living space but typically excludes cellars, garages, and technical rooms.
In practice, 200m² is generous for an apartment. But it rules out the very largest penthouses and duplex apartments.
Note: This limit applies to the individual unit. If you are buying within a larger building, only your unit's net living area counts.
4. The 50% Foreign Ownership Cap
No more than one-third of the total floor area of a residential building, and no more than one-third of the units, may be owned by non-resident foreigners under Lex Koller authorisation. Some cantons and municipalities apply stricter caps.
This means:
- In a building with 6 apartments, typically no more than 2 may be owned by Lex Koller buyers
- If the cap is already reached in a building you are interested in, you cannot buy there, regardless of other factors
- The notary checks this as part of the purchase process
5. Annual Quota
Each canton receives an annual quota of Lex Koller authorisations from the federal government. The nationwide total is approximately 1,500 per year, distributed across cantons.
Canton Bern's allocation is limited. If the quota is exhausted, no further authorisations are issued until the next year. In practice, this has not been a frequent problem in Bern, but it is a real constraint, especially if the proposed 2026 tightening reduces the quota.
6. Resale Restrictions
Properties purchased under Lex Koller authorisation come with conditions:
- Minimum holding period: Some cantons impose a minimum holding period before you can resell. In Canton Bern, the resale restriction is more flexible than in some cantons (notably Valais, which historically imposed a 5-year hold). However, the specifics depend on the conditions attached to your authorisation.
- Resale to another foreigner: If you sell to another non-resident foreigner, the buyer needs their own Lex Koller authorisation and the property must still meet all the criteria.
- No speculative flipping: The authorisation system is designed to prevent speculative trading by foreigners. Buying and selling within a short period will attract scrutiny.
7. No Commercial Property
Lex Koller authorisation covers residential property for personal use. Commercial property, development land, and agricultural land are subject to separate, generally more restrictive rules.
8. No Multiple Holiday Properties
You are generally authorised for one holiday property in Switzerland. Buying a second holiday apartment (in Gstaad or elsewhere) while already owning one requires a new authorisation, which may not be granted.
What You Can Buy
To be clear about what remains available:
| Property Type | Available to Non-Resident Foreigners? |
|---|---|
| Apartment in tourist zone (≤200m²) | Yes (with Lex Koller authorisation) |
| Chalet apartment (unit within a chalet building) | Potentially (depends on classification) |
| Detached chalet (holiday home) | No |
| Detached chalet (primary residence, with B permit) | Yes |
| Any property (with C permit) | Yes (no restrictions) |
| Commercial property | No (separate regime) |
| Land for development | No |
The Legal Workarounds
These are legitimate, legal paths. Not loopholes.
1. Relocate to Switzerland
Obtain a B permit (through employment, self-employment, or financially independent residence). Buy a chalet as your primary residence. After 5-10 years, qualify for a C permit and buy freely.
This is the most common path for wealthy international buyers who want a chalet. Many Le Rosey families follow this route.
2. Swiss-Resident Spouse or Partner
If your spouse or partner is Swiss or holds a C permit, they can buy property without Lex Koller restrictions. The property is purchased in their name (or jointly, with the Swiss partner as the primary buyer). This is straightforward but has implications for ownership, divorce, and inheritance.
3. Swiss Company Structure
In some cases, property can be held through a Swiss-domiciled company. However, Lex Koller specifically targets "economic beneficiaries" and looks through corporate structures. This is not a simple workaround and requires careful legal structuring. It is more common for commercial property than residential.
4. Wait for C Permit
If you are already on a B permit and plan to stay in Switzerland, the C permit (typically after 5-10 years) removes all Lex Koller restrictions. Some buyers rent in Gstaad while waiting for their C permit, then buy a chalet once they have it.
The 2026 Proposed Tightening
The Swiss government has proposed tightening Lex Koller, with a consultation period that closed in July 2026. The proposed changes could include:
- Reduced annual quotas
- Stricter conditions on authorisations
- Extended minimum holding periods
- Tighter scrutiny of corporate structures
The legislation is not yet in force, and the final form may differ from the proposal. But the direction of travel is clear: restrictions on foreign buyers are likely to become tighter, not looser.
If you are considering buying, the current rules may be more favourable than what comes next. See the full Lex Koller analysis.
Frequently Asked Questions
Can a foreigner buy a chalet in Gstaad? Not as a holiday home. Detached chalets are restricted to Swiss nationals, C permit holders, and B permit holders buying a primary residence.
What is the maximum apartment size a foreigner can buy? 200m² net living area under Lex Koller.
Can I buy more than one property? Generally, one holiday property per authorisation. A second property is difficult to authorise.
What happens if I buy without authorisation? The purchase can be voided, and a forced sale can be ordered. Do not attempt to circumvent the system.
Is it easier to buy in some cantons than others? The federal framework is the same everywhere, but cantonal implementation varies. Canton Bern is generally considered reasonable to deal with. Some cantons (notably Valais) have historically been stricter on resale conditions.
Will the rules get tighter? The 2026 proposed tightening suggests yes. The consultation has closed and legislation is being drafted. The final form is not yet known.
For a confidential conversation about your search or sale, contact The Gstaad Collection.
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