The Role of the Notary in Swiss Property Transactions

Buying or selling real estate in Switzerland always involves a notary. Without their intervention, a transfer of ownership cannot be legally validated. This article explains why a notary is required, how to choose one depending on your canton, and which steps they handle throughout the transaction.

Why a Notary Is Mandatory

Under Article 216 of the Swiss Code of Obligations, a property sale is only valid if publicly notarised. The deed must be signed by all parties—buyer, seller, and notary—to be legally binding.

The notary acts as a neutral authority ensuring that the contract complies with the law, that both parties fully understand their rights and obligations, and that the transfer of ownership is properly registered.

Choosing a Notary: Depends on the Canton

Switzerland does not have a uniform notarial system. Instead, each canton determines how notarial services are organised, which affects whether the buyer can choose their notary or must work with a designated authority.

State Notary System

In some cantons, notaries are always civil servants employed by the canton. Cantons: Zürich, Schaffhausen Here, you must contact the relevant municipal or cantonal office to be assigned a notary. It is not possible to freely choose one.

Liberal Notary System

In these cantons, notaries work independently—similar to attorneys—while remaining strictly regulated by cantonal authorities. Cantons: Aargau, Bern, Basel-Landschaft, Basel-Stadt, Fribourg, Geneva, Neuchâtel, Jura, Ticino, Uri, Vaud, Valais In these cantons, the choice of notary is free. 

Mixed System

Some cantons apply a hybrid model, combining elements of both systems.

Cantons: Appenzell Innerrhoden, Appenzell Ausserrhoden, Glarus, Graubünden, Lucerne, Nidwalden, Obwalden, St. Gallen, Solothurn, Schwyz, Thurgau, Zug

In mixed systems, there are freelance notaries, but they may not be responsible for all administrative steps. Some duties may fall to the Land Registry or another authority. Your real estate agent can explain the details for your specific locality, as there are significant differences between cantons. 

Important: In nearly all cases, the notary must practice in the canton where the property is located.

What the Notary Does

Although the precise responsibilities vary by canton, the notary always ensures that the sale is valid, compliant with Swiss law, and properly registered. Their involvement usually includes the following key steps:

Drafting the Deed 

Once the notary has been selected or assigned, they begin drafting the sale contract. To prepare the deed, they collect essential information about:

• the buyer and seller,
• the property,
• the financing,
• existing easements or land charges,
• payment terms,
• specific conditions agreed by the parties.

In a liberal notary system, the notary typically collects all documents from the two parties. In a state notary system, the real estate agent or another intermediary may gather the information and submit it to the notary.

Once the draft is prepared, the notary sends it to both parties for review. As a neutral advisor, the notary answers questions, clarifies legal terms, and may adjust the deed to reflect mutual agreements or resolve disagreements.

Signing the Final Deed

After both parties approve the draft, an appointment is scheduled to sign the authentic act at the notary’s office.

During the appointment:

1. The notary reads the deed aloud and explains its content.
2. Buyer and seller sign the contract.
3. The notary signs and certifies it, giving the document legal force.

Timing of payment and handover depends on the type of sale:

Direct Sale:

• Payment of the full purchase price occurs on the day of signing.
• Keys are handed over immediately.
• Transfer of ownership happens without delay.

Forward Sale

• Signing takes place before the actual transfer of ownership.
• Payment and key handover occur on a later agreed date.
• A deposit is typically paid at signing.

This arrangement is useful, for example, when the seller needs time to move out or find a new home.

In all scenarios, the notary ensures that funds or deposit are available at the time of signing.

Registration in the Land Register

After the deed is signed, the transfer must be registered in the Land Register (Grundbuch / registre foncier). Only at this moment does the buyer legally become the new owner.

In liberal notary cantons, the notary handles this step directly. In state or mixed cantons, the process may be handled by other authorities depending on local procedures.

Your local Neho agent can inform you about the rules for your specific canton.

Establishing the Mortgage Note

If the purchase is financed with a mortgage, the notary (or competent authority, depending on the canton) must:

• create a new mortgage note, or
• transfer the existing one to the buyer (either free of charge or through a sale).

This document is essential, as it secures the lender’s rights over the property.

After All Steps Are Completed

Once the deed is registered and all formalities are finalised, the transfer of ownership is legally complete. The property sale or purchase is officially concluded.

Do note that the entire process generates notary fees and depending on the situation, the seller may also be subject to real estate capital gains tax.