Condominium ownership (PPE — propriété par étages) is the most common form of property ownership in Switzerland for apartments and commercial premises. Governed by arts. 712a to 712t of the Civil Code (SCC), it combines a co-ownership right over the whole building with an exclusive right over a specific unit. Its management raises complex legal questions that PBM Avocats handles daily for co-owners, PPE community administrators and property developers in Geneva and Lausanne.
Structure of Condominium Ownership
Condominium ownership is characterised by three fundamental elements:
- A share quota of co-ownership over the whole building, expressed in thousandths
- An exclusive right over a specific part of the building (the unit)
- Participation in the PPE community organs (owners' assembly)
Private and Common Parts
| Private Parts | Common Parts |
|---|---|
| Interior walls (non-load-bearing) | Load-bearing structure (floors, columns, facades) |
| Floor coverings, interior painting | Roof, stairwells, lifts |
| Kitchen and bathroom fittings | Common technical installations (heating, water) |
| Windows and exterior doors (generally) | Gardens, car parks, common areas |
The exact delimitation between private and common parts is determined by the PPE deed and the rules of administration and use. In case of doubt, a part is presumed common (art. 712b para. 3 SCC).
The Owners' Assembly (art. 712m SCC)
The owners' assembly is the supreme decision-making organ of the PPE community. Key rules:
- Ordinary meetings: at least once a year
- Extraordinary meetings: if requested by at least 1/5 of co-owners
- Simple majority: for ordinary administration matters
- Qualified majority: for modification of common parts (generally 2/3 of votes and value shares)
- Unanimity: for changes affecting private parts of co-owners
Common PPE Disputes
PBM Avocats regularly handles:
- Challenging assembly decisions within the 1-month deadline (art. 712m para. 2 SCC)
- Disputes over maintenance and repairs of common parts
- Recovery of unpaid condominium charges
- Disputes over permitted and prohibited uses of private units
- Disputes between the PPE administrator and co-owners
- Disputes arising from renovation works affecting common parts