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Case law & News

• Real Estate & Foreign Acquisitions — August 2026

  Tightening of the Lex Koller: consultation reveals broad resistance. Closed on 15 July 2026, the consultation on strengthening the LFAIE (FR) — permit requirements for home purchases by non-EU/EFTA nationals, forced resale upon leaving Switzerland, tighter holiday-home quotas — met with strong opposition from business circles, weeks after voters rejected the "No 10-million Switzerland!" initiative on 14 June (54.8% no). The only consensus: removing hotel staff housing from the law's scope (Schmid motion). The consultation report is expected in autumn; the harshest measures are likely to be trimmed. For foreign residents and investors, the current framework still applies — a favourable window, but sensitive acquisitions should be structured with the reform in mind.

• Employment Law & Cross-Border Taxation — August 2026

  Cross-border teleworking: certification duties now apply. Since 1 January 2026, the amendment to the Swiss-French tax treaty makes the regime permanent: up to 40% annual teleworking (FR) without shifting taxation (including up to 10 days of temporary missions) — not to be confused with the 49.9% social-security ceiling under the framework agreement. What many SMEs still miss: employers must track teleworking days precisely and file an annual certificate with the tax authorities, first due in early 2027 for the full 2026 year. The firm assists employers with compliant teleworking agreements, reliable tracking tools and the A1 certificates that secure social contributions.

• Global Mobility & Immigration — May 2026

  Portuguese nationality: stricter conditions. Organic Law no. 1/2026, adopted on 1 April after review by the Constitutional Court and promulgated on 3 May, tightens access to nationality: the residence requirement rises from 5 to 7 years (Portuguese-speaking and EU citizens) or 10 years (others), automatic birthright citizenship ends, and the Sephardic route is closed. Transmission to children of Portuguese citizens born abroad remains, and applications filed before entry into force are still governed by the former rules. Binational families: have your situation reviewed before taking any steps.

• Real Estate & Tenancy — July 2026

  Squatting: two key changes as of 1 July 2026. The revision of the Swiss Civil Code and the Code of Civil Procedure, adopted on 20 June 2025, entered into force on 1 July 2026. Two key changes: the deadline to recover an occupied property now runs from the discovery of the occupation — no longer from the intrusion itself — and courts may order an eviction without knowing the occupants' identity. Refusing to give one's name no longer paralyses the proceedings. In practice: document the date of discovery — it is what starts your rights running. Federal Office of Justice (FR)

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