On this page
- What happens to the tenants when you sell the building?
- How does a buyer value an apartment building?
- Which documents does a buyer want for an apartment building?
- Which taxes do you pay when selling an apartment building?
- Does VAT play a role in the sale?
- What does an old oil or gas heating system mean for the sale?
- Who is allowed to buy your apartment building?
- Does the municipality have a right of pre-emption on your building?
- How does the sale of an apartment building proceed?
- Which mistakes cost the most when selling an apartment building?
- To be honest
- Frequently asked questions
Take an example: eight flats, built in the seventies, an oil boiler in the cellar. Three of them are let to tenants who were already there when your father still mopped the stairs himself. Now the building belongs to you and your siblings. And around the heirs’ table lies a question nobody wants to ask first: do we sell?
Then come questions that never arise with a family house. May the tenants stay? How does a buyer who will not live there value it? Who is allowed to buy at all? And what is in the land register that lowers the price before anyone has said a word?
Here I answer these questions one by one, with legal references and sources. And I tell you openly where it gets complicated.
First, what it means for your tenants.
What happens to the tenants when you sell the building?
Less than many fear. Every lease passes to the buyer together with ownership.1 The Swiss saying is: a sale does not break a lease (Kauf bricht Miete nicht). Rent, notice and deposit stay unchanged.
The buyer gains just one extra option. If he urgently needs a flat for himself, close relatives or in-laws, he may give notice with the statutory period for the next statutory date.1 In an apartment building this usually affects single flats, not the whole building. Even then the official form is required. The tenant can challenge the notice and ask for an extension, more time to move out.1
One point affects you directly. If the buyer gives notice earlier than your lease with the tenant would have allowed, you are liable to her for the damage.1 That is why the parties agree in the sale contract that the buyer fully steps into your legal position.4
What this means for you: your tenants do not lose their homes through the sale. One contract clause protects you.
How does a buyer value an apartment building?
Differently from a family house. Whoever buys an apartment building is mainly buying rental income. For such income properties, the bank therefore uses the earnings value (Ertragswert).8 This is the rental income that can be achieved over the long term, converted into a capital value. It is based on net rents, excluding service charges.8
The statistical comparison with sold homes, which banks use for family houses, fits poorly here. Two buildings of the same size can be worth very different amounts if the rents differ.
Nor can a buyer simply recover too high a price through higher rents. Rents based on a clearly excessive purchase price are abusive.1 A price that holds up is therefore anchored in the rent.
Two official figures support your income. On 1 June 2026, only 0.52% of flats in the Canton of Zurich stood empty.10 The reference interest rate for rents has been 1.25% since September 2025.9
What this means for you: your most important document is a clean overview of the rents.
| Term | What it means |
|---|---|
| Net rent | Rent excluding service charges. The basis of the earnings value. |
| Earnings value (Ertragswert) | Long-term achievable rental income, converted into a capital value. Decisive for the bank with income properties. |
| Vacancy rate | Share of empty flats. Canton of Zurich on 1 June 2026: 0.52%. |
| Reference interest rate | Basis for rent adjustments. 1.25% since 2 September 2025, next publication 1 December 2026. |
Worked example
What CHF 100 of monthly rent means for annual income
Our own, simplified example with assumed figures, not a market statement: a building with eight flats, net rent per flat CHF 100 a month higher or lower.
- Number of flats
- 8
- Difference per flat and month
- CHF 100
- Difference per year (8 × 100 × 12)
- CHF 9,600
- For comparison: the same building with twelve flats
- CHF 14,400
What value your building’s rent supports is shown by a careful review. Free of charge and without obligation, not even to sell.
Prefer to talk? +41 76 325 11 95 – you speak directly with Dominik Devaja.
Which documents does a buyer want for an apartment building?
For a let building, the sale contract must settle what happens to every tenancy.7 The notary therefore needs an overview of the leases. In practice it is called a rent roll (Mieterspiegel): a list of all tenants with move-in date, rent and deposit. Operating cost statements and maintenance records also help.
Leases are not entered in the land register. Usually only the seller knows about them.5 A missing lease means missing income the buyer is paying for. For an apartment building, the official flat numbers also belong in the sale contract. The municipal building office provides them.5
You also need a current extract from the land register.2 If a lease is registered there as a priority notice, it binds every new owner.1 In the Canton of Zurich, building insurance continues automatically. The land registry reports the change of owner itself.4
What this means for you: a complete file shortens the buyer’s checks. The full list is in our guide to documents for selling a house.
Which taxes do you pay when selling an apartment building?
In principle the same as for any house: property gains tax (Grundstückgewinnsteuer), the tax on the profit from a sale.3 In Zurich it rises in steps from 10% to 40% of the gain. It falls from five full years of ownership, to half after 20 full years.3 Very short ownership adds a surcharge.
For buildings held long, one rule helps. If the acquisition was over 20 years ago, the market value of 20 years earlier may replace the old price.3 Zurich has charged no transfer tax since 1 January 2005.6
A business asset, for example in self-employment, is different. Part of the gain then counts as income: as much as was written off earlier.3 Only the increase above that stays with property gains tax.17 For a privately held building, the whole gain is subject to property gains tax.
What this means for you: first clarify whether the building is private or a business asset. Your figure: the calculator for the Canton of Zurich.
Does VAT play a role in the sale?
For a purely residential building, generally not. Letting or selling flats cannot voluntarily be made subject to VAT if they are used exclusively as homes.11
It is different for a building with a shop, practice or office. For that part, VAT may have been charged voluntarily in the past; this is called opting in (Option). If that use ends with the sale, part of the input tax deducted earlier may have to be repaid, meaning the VAT on construction and maintenance costs.11 The amount falls by one twentieth for each year that has passed.11
If the buyer is also registered for VAT, the sale can, under certain conditions, run through the so-called notification procedure (Meldeverfahren). The buyer then takes over the seller’s position, and the repayment may not arise.11 Whether it fits your case is for a fiduciary (Treuhänder) to clarify before the contract.
What does an old oil or gas heating system mean for the sale?
The good news first: an existing oil or gas heating system may keep running. There is no duty to replace it while it works.14
The rule only applies on replacement. Since 1 September 2022, a new heating system in an existing building must run on renewable energy.14 This applies if it is technically possible and the lifetime costs are no more than 5% higher. Otherwise, at most 90% of the demand may come from non-renewable energy.14 The duty falls on whoever owns it at replacement.
A buyer plans for replacing a large central heating system. If the authority has granted a deferral because of financial hardship, this is noted in the land register.14 The deferral ends no later than three years after the next change of ownership, that is, your sale.14 In practice the duty therefore passes to the buyer.
What this means for you: disclose the age and condition of the heating from the start. What the buyer only discovers late quickly becomes an argument against the price.
Who is allowed to buy your apartment building?
That depends on the buyer, not on you. Buyers from abroad fall under the Lex Koller, the federal act on the acquisition of real estate by persons abroad.12 For them, a purely residential building as a capital investment cannot be approved: the permit is refused.12
Citizens of the EU and EFTA who live in Switzerland are not persons abroad. The same applies to foreigners with a C settlement permit.12 Conversely, a Swiss company counts as a person abroad if persons abroad control it. This is presumed if, for example, they hold over a third of the capital.12
If a required permit is missing, the contract has no effect. If in doubt, the land registry gives the buyer 30 days to get the permit or a ruling that none is needed.12 The Federal Council wants to tighten the law. Nothing is decided yet.13
What this means for you: check who can buy before the notarisation, not afterwards. A commercial part used for the buyer’s own business may be assessed differently.12
Does the municipality have a right of pre-emption on your building?
No. Public authorities have no right of pre-emption when an ordinary apartment building in a residential zone is sold. A popular initiative wanted to allow municipalities to introduce a right of pre-emption on land. Zurich voters rejected it on 30 November 2025, with 40.67% voting yes.15 The counter-proposal was accepted with 51.01%. It doubles cantonal housing subsidies, without a right of pre-emption.15 18
A statutory right of pre-emption for the municipality or canton exists only in green belt and recreation zones.16
Watch out for private rights of pre-emption. If several people own the building in co-ownership, each co-owner has a right of pre-emption when a share goes to an outsider. If the building stands on someone else’s land under a building right (Baurecht), the landowner and the holder of the building right each have a right of pre-emption.2 Check this in the land register before you talk to buyers.
How does the sale of an apartment building proceed?
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Documents and land register
Gather the rent roll, leases, statements, maintenance records and a current land register extract. Read the priority notices, annotations and pre-emption rights.2
-
Value it through the rent
The starting point is the net rents. Condition, heating and vacancy come on top.8
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Clarify who can buy
For buyers from abroad, check the Lex Koller before notarisation.12
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Notarisation
The sale contract is only valid if it is publicly notarised.1
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After the change of ownership
Rent deposits stay in the accounts held in the tenants’ names. The buyer steps into your rights as landlord.1 In practice the banks holding the deposit accounts are informed of the change. More on the process of selling a house.
Which mistakes cost the most when selling an apartment building?
Costly mistakes rarely happen at the notary’s appointment. They happen weeks earlier, when nobody is looking closely yet.
- No clause on notices in the contract.If the buyer gives notice earlier than your lease would have allowed, you are liable to the tenant.1
- Land register read only at the notary’s.A registered lease, a noted heating deferral or a co-owner’s right of pre-emption changes what you are selling.1 2 14
- Buyer from abroad without prior checks.Without a required permit, the contract has no effect, and the search starts again.12
- A price that ignores the rent.The buyer cannot recover an excessive purchase price through higher rents.1 Buyers who do the sums pay for the income.
- Commercial part and VAT overlooked.If VAT was opted for on a shop or office, input tax may have to be repaid.11
- Business asset not recognised.Then part of the gain counts as income, as much as was written off in the past.3
For daughters and sons
Are you looking after the building for your parents?
Children often manage the building long before it is theirs: tenant changes, invoices, servicing the heating. Then you know more about the building than any buyer. Write down what was renewed and when, while your parents can still tell you. This knowledge removes uncertainty for a buyer, and in my view uncertainty weighs on the price.
Related topics
What else do owners in the same situation read?
- Selling a house: the process step by stepHow does a house sale work, and when does it become binding?
- Documents for selling a houseWhich documents do I need to sell, and where do I get them?
- Joint heirs and a propertySeveral of us inherit a house – keep it, buy each other out or sell, and what does each of us keep?
- Net Proceeds Report Canton of Zurich 2026What remains in my municipality after property gains tax?
- Hedonic valuation explainedHow do banks and online tools value my house – and where do they miss?
To be honest
Where does it get complicated with an apartment building?
What can be backed by official sources: leases pass to the buyer, property gains tax follows the rules for any house, and a purely residential building cannot be approved as a capital investment for persons abroad.1 3 12
It gets complicated in four places. When the building belongs to joint heirs who do not all want the same thing; how a division works is explained on the page on joint heirs. When part of the building is used commercially. When it is a business asset. And when the land register shows rights nobody remembers any more.
What I do not provide: tax or legal advice. That is for fiduciaries, the tax office and the notary. This page is general information. What I contribute is a careful review of the value through the rent, so that everyone involved starts from the same figure. What remains after tax in your region is shown by the Zurich Net Proceeds Report.
What else do owners of apartment buildings ask?
Can the buyer give notice to all tenants?
No. The leases pass to him. He may only give early notice for urgent personal need for himself, close relatives or in-laws, with the statutory period and the official form. The tenants can challenge it and ask for an extension.
What happens to the rent deposits?
They stay in the accounts held in the tenants’ names and are not part of your assets. The buyer steps into your rights as landlord. In practice the banks are informed of the change.
Is there a transfer tax in the Canton of Zurich?
No, not since 1 January 2005. Property gains tax is due on the sale.
Can someone from Germany buy my apartment building?
If the person lives in Switzerland, yes: EU and EFTA citizens resident in Switzerland are not persons abroad. If they live abroad, a purely residential building as a capital investment cannot be approved for them.
Do I have to replace the oil heating before selling?
No. It may keep running. The duty to use renewable energy only applies on replacement and falls on whoever owns the building then. A buyer factors the future replacement into his planning.
Is what I tell you treated confidentially?
Yes. No passing on to other estate agents, no listings without your instruction. Details in our privacy policy.
Sources
- Swiss Code of Obligations (OR), Articles 216, 257e, 261, 261b, 266l, 269, 271, 272 (SR 220), in German · as of 1 October 2026
- Swiss Civil Code (ZGB), Articles 656, 657, 682, 963, 970 (SR 210), in German · as of 1 July 2026
- Canton of Zurich Tax Act (StG), § 18, 216, 220, 225 (LS 631.1), in German · supplement 132, retrieved 14.10.2026
- Zurich notary offices: leases and insurance, in German · retrieved 14.10.2026
- Zurich notary offices: description of the property (official flat numbers, leases), in German · retrieved 14.10.2026
- Zurich notary offices: fees (no transfer tax since 1.1.2005), in German · retrieved 14.10.2026
- Zurich notary offices: form for sale contract details, in German · retrieved 14.10.2026
- Swiss Bankers Association: guidelines for the examination, valuation and processing of mortgage-backed loans, in German · December 2023 version, in force since 1.1.2025
- Federal Office for Housing: mortgage reference interest rate, in German · published 1 September 2026, next publication 1 December 2026
- Canton of Zurich, Office for Statistics and Data: vacant dwellings count (0.52%), in German · reference date 1 June 2026, retrieved 14.10.2026
- Value Added Tax Act (MWSTG), Articles 21, 22, 31, 32, 38 (SR 641.20), in German · as of 31 March 2025
- Federal Act on the Acquisition of Real Estate by Persons Abroad (BewG), Articles 2, 4, 5, 6, 12, 18, 26 (SR 211.412.41), in German · as of 1 July 2023
- Federal Council: press release on the revision of the Lex Koller (consultation), in German · dated 15 April 2026, retrieved 14.10.2026
- Canton of Zurich Energy Act (EnerG), § 11 and § 11b (LS 730.1), in German · supplement 129, as of 1 July 2025
- Canton of Zurich: voting archive, vote of 30 November 2025, in German · dataset of 30.9.2026, retrieved 14.10.2026
- Canton of Zurich Planning and Building Act (PBG), § 64 (LS 700.1), in German · supplement 134, retrieved 14.10.2026
- Cantonal Tax Office of Zurich: property gains tax (monistic system), in German · retrieved 14.10.2026
- Canton of Zurich: press release on the ballot proposals of 30 November 2025, in German · October 2025, retrieved 14.10.2026
- Zurich notary offices: sale contract (process and land register application), in German · retrieved 14.10.2026
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