Bürgenstock residences remain subject to the Lex Koller
Published: Friday, Dec 1st 2023, 16:40
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A cantonal permit is required for the sale of the residences on the Bürgenstock NW. The Federal Council has refused to exempt the Qatari-owned property from the Lex Koller, as announced by the Federal Department of Justice and Police (FDJP) on Friday.
The national government justified its decision by stating that the sale of individual Bürgenstock Hotels AG residences was not in Switzerland's national interest. However, this would be the prerequisite for exempting the residences from the Lex Koller.
The Lex Koller restricts the trading of real estate belonging to foreign nationals who are not resident in Switzerland. The law stipulates that this is only possible with a cantonal permit.
In exceptional cases, the Federal Council may waive the authorization requirement. However, this is only possible if the acquisition of real estate strengthens the political, economic, scientific, social or cultural interests of the country, according to the FDJP.
According to the FDJP, a regional interest in repealing the Lex Koller is not sufficient. The Bürgenstock Resort is important for tourism in Central Switzerland, according to the press release. However, there is no national interest in the sale of the residences.
The Federal Council came to a different conclusion in 2006 regarding the resort in Andermatt. This was exempted from the Lex Koller because there were no other development opportunities following the withdrawal of the armaments companies in the canton of Uri. The Federal Council's decision on Bürgenstock is final and cannot be appealed.
The Bürgenstock Resort on the Bürgenstock comprises 30 buildings and facilities with 67 apartments known as "residences". It is financed by the Qatar sovereign wealth fund. Whether the residences may be sold must now be decided in a cantonal procedure, as the FDJP also announced.
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