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Swiss Civil Code

of 10 December 1907 (Status as of 1 July 2022)

Art. 712b

II. Ob­ject

 

1 The ob­ject of the ex­clus­ive right may be in­di­vidu­al storeys or parts of a storey which must be self-con­tained with their own ac­cess and used either as dwell­ings or as self-con­tained units of rooms used for busi­ness or oth­er pur­poses, al­though sep­ar­ate an­cil­lary rooms are al­lowed.

2 The con­domin­i­um own­er may not be gran­ted an ex­clus­ive right to the fol­low­ing:

1.
the land on which the build­ing stands and the build­ing right by vir­tue of which it is con­struc­ted;
2.
the parts of the build­ing that are vi­tal to the sound­ness, struc­ture and sta­bil­ity of the build­ing as a whole or of the units of oth­er con­domin­i­um own­ers or that de­term­ine the out­ward form and ap­pear­ance of the build­ing;
3.
the fit­tings and in­stall­a­tions that also serve the oth­er con­domin­i­um own­ers in the use of their units.

3 The deed of con­sti­tu­tion or a sub­sequent agree­ment among the con­domin­i­um own­ers ex­ecuted in the same form may stip­u­late that oth­er parts of the build­ing are com­mon prop­erty, fail­ing which they are pre­sumed to be the ob­ject of a ex­clus­ive right.