Lex Koller reform 2026: what the proposal would change

In April 2026 the Federal Council proposed tightening Lex Koller, the law that limits property purchases by people considered to be abroad. The headline change is that non-EU nationals with a B permit would need a permit even to buy the home they live in. It is a proposal, not law: today's rules still apply, and the final version may be different.

Key facts (as of September 2026)

Where things stand

The Federal Council opened a consultation on 15 April 2026. A consultation is the stage where cantons, parties and interest groups comment on a draft before the government decides how to proceed. This one ran until 15 July 2026.

As of the end of September 2026, we are not aware of a final text or a decision on next steps. That means:

• the current Lex Koller rules still apply to every purchase today
• what was proposed may be softened, tightened or dropped
• there is no confirmed date from which anything would change

We will update this page when there is an official next step. Until then, please treat any article that describes these changes as settled with caution.

What the proposal would change

According to the Federal Council's announcement and the Federal Office of Justice, the draft covers five main points.

1. A permit for a main home for non-EU nationals

Under the current law, a person who lives lawfully and actually in Switzerland can buy their main residence without a Lex Koller permit (art. 2 para. 2 BewG). For non-EU nationals with a B permit, this is the exception that makes buying a family home possible.

The proposal would require third-country nationals to obtain a permit even to buy a main residence. In other words, the exception that non-EU B-permit holders rely on today would no longer be automatic.

2. Selling within two years after leaving

Third-country nationals who bought under the new rules would have to sell within two years if they move away. Today there is a similar two-year sale rule only for second homes that stop being used as such.

3. Tighter holiday-home quotas

Holiday-home purchases by persons abroad are already capped at a maximum of 1,500 quota units a year, split between the cantons. The proposal would make the quotas tighter. It would also count resales of holiday homes from one foreign owner to another towards the quotas, which today is an important way foreign buyers acquire chalets and apartments in resorts.

4. No rental commercial property

Persons abroad would no longer be able to buy commercial property held for rental as an investment.

5. Property shares and funds

The proposal would introduce a ban on buying shares in listed residential property companies and units in real-estate funds by persons abroad.

Who would be affected, and who would not

The main-home change is aimed at third-country nationals, meaning people who are not EU/EFTA nationals. Here is how the current law and the proposal compare for the most common situations.

For UK nationals, the relevant point is that those who came after 1 January 2021 and are not covered by the Citizens' Rights Agreement fall under the ordinary third-country rules. Our guide for people moving from the UK explains the wider picture.

For anyone buying a holiday home, whatever their nationality, the quota and resale changes could matter, since Lex Weber and the quota system already make supply limited in many resorts. See holiday homes in the Alps.

What this means if you are planning a move

It is natural to want to "beat" a rule change. We would gently suggest a calmer approach.

First, nothing is decided. Planning your whole move around a draft can backfire if the final text is different. What we can say is that the direction of travel in the consultation is towards more control, not less.

Second, the basics do not change. Owning property has never given anyone a right to a residence permit, and that remains the case. The permit still comes first; the purchase follows.

Third, genuine domicile matters more than ever. Today, a non-EU B-permit holder can buy a main home without a permit only if it is their lawful, actual domicile. The Federal Office of Justice explains that authorities look at real indicators, such as where your family lives, where you are fully taxed and where your car is registered. A permit and a commune registration alone are not enough.

Fourth, keep options open. Some families rent first to understand the area and the local schools. Others are ready to buy quickly. Both can be sensible, as long as the decision rests on what suits your family rather than on guesses about the final law.

If a purchase is already under way, make sure your notary confirms which rules apply to your transaction on the date it completes.

Questions to ask before you commit

• Is my permit route settled, and when will I have lawful, actual domicile in Switzerland?
• Am I an EU/EFTA national, a non-EU national with a B permit, or on track for a C permit?
• If I might leave Switzerland within a few years, how would a two-year sale obligation affect me, if it were adopted?
• If I want a holiday home as well, is the resort in a place where cantonal law allows sales to persons abroad, and is the commune above the 20% second-home share?
• Am I relying on a structure (a company, a fund, shares) that the proposal would target?

The underlying rules today are set out in our main guide to buying property as a foreigner.

How we help

We follow the Lex Koller file closely and keep the permit, the canton choice and the purchase in the right order, so that a change in the law does not catch you mid-way. If you are weighing up whether to buy now or rent first, our property search and purchase service is a good place to start, or tell us about your plans.

This guide is general information as of 30 September 2026 and describes a proposal that is not law; your own situation needs specific legal advice.