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Who is liable when the car steers itself?

The self-driving car is no longer science fiction, it is already rolling on Swiss roads. Since 1 March 2025, Switzerland has had, with the Ordinance on Automated Driving (VAF)[1], a clear legal framework that for the first time expressly permits motorway pilots, driverless vehicles and automated parking. For once, the legislator was even faster than the industry; while the legal framework is in place, there are currently no series-production vehicles with an approved automation system on the market.

Regulation is developing rapidly not only in Switzerland but worldwide. EU directives, EU regulations and UNECE regulations are also binding on Switzerland. These international requirements ensure the technical harmonisation of road vehicles and promote road safety, environmental protection and the free movement of goods.

Photo by Aamy Dugiere on Unsplash

The following bodies of rules are particularly relevant for automated driving:

  1. Regulation (EU) 2022/1426[1] (in conjunction with Regulation (EU) 2019/2144[2] and Delegated Regulation (EU) 2022/2236[3]) on the type-approval of the automated driving system (ADS) of fully automated vehicles;
  2. the UNECE Regulations on cybersecurity (No. 155)[4], software updates (No. 156)[5], automated lane-keeping systems (No. 157)[6] and driver assistance systems (No. 171)[7]; and
  3. the Vienna Convention of 8 November 1968 on Road Traffic (SR 0.741.10)[8], in particular on the question of whether a driver must be present.

For companies, investors, fleet operators and mobility service providers, this new legal framework opens up considerable opportunities, but also demanding legal questions. We answer five of them below.

When does a car actually drive «by itself»?

Not every vehicle with an assistance system is an automated vehicle. The internationally established SAE J3016 standard distinguishes six levels of automation, from Level 0 to Level 5:

Source: SAE International, Standard J3016. Illustration: TND Universe.

Automated driving only begins at Level 3: vehicles that can take over the driving tasks permanently and comprehensively, at least under certain conditions. Only the highest level, Level 5, is truly «autonomous» in the literal sense; today's systems technically reach a maximum of Level 3.

In Switzerland, three specific use cases have been permitted since March 2025:

1. the motorway pilot: drivers may take their hands off the wheel on motorways, but must be able to intervene again at any time when prompted by the system;

2. automated parking without a driver present in car parks signposted for this purpose; and

3. the operation of driverless vehicles on routes approved by the authorities.

What approvals and technical requirements are needed?

Vehicles with an automation system must meet special requirements going beyond the general requirements in order to be admitted. Under the general requirements set out in Art. 3 VAF, the system must guide the vehicle in the longitudinal and lateral directions, be intuitively deactivatable at any time, have functions for accident avoidance as well as safeguards against unlawful third-party interference, and master all traffic scenarios in accordance with recognised international rules. During operation, the system must take over the operation of the vehicle continuously, comprehensively and reliably, comply with all relevant traffic rules, detect technical malfunctions and indicate the need for human intervention with a sufficient time reserve (Art. 3 paras. 2 and 3 VAF).

The driving-mode memory is central (Art. 7 VAF): automated vehicles must record certain events (such as emergency manoeuvres, collisions or technical malfunctions), together with data elements such as the type of event, time stamp and position. In addition, for the entire supported operating period, manufacturers must hold valid certificates from a national type-approval authority for the management systems for cybersecurity (UN Regulation No. 155), software updates (UN Regulation No. 156) and safety for driverless vehicles under Regulation (EU) 2022/1426 (Art. 8 VAF).

Switzerland's approach to type-approval is noteworthy (Art. 11 et seq. VAF): Switzerland currently refrains from having its own type-approval provisions and instead recognises the requirements of the EU and UNECE. Automated vehicles that are to be admitted here therefore require a foreign type-approval; ASTRA (the Federal Roads Office) merely carries out random conformity checks. Manufacturers and importers of driverless vehicles must report safety-relevant incidents to ASTRA, and ASTRA may declare new provisions applicable to vehicles that have already been admitted, for instance in the event of a hacking attack (Art. 6 VAF). Operation is thus strongly tied to approval and operating conditions: driverless vehicles require cantonally approved routes and must be supervised by operators from a control centre.

What happens to the recorded data?

Automated vehicles must be equipped with a driving-mode memory (colloquially a «black box») that records events such as the start and end of emergency manoeuvres, system failures, collisions, and the activation and deactivation of the automation system. The processing of this data is subject to strict conditions: under Art. 25g para. 3 SVG, the data may be read out and processed by the competent police, judicial and administrative authorities exclusively for the purpose of investigating accidents or assessing traffic-rule violations.

Manufacturers and importers of driverless vehicles and of vehicles with an automated parking system must report safety-relevant incidents to ASTRA and must agree with the vehicle keepers or the operators of approved parking areas on how the necessary information is to be obtained. Operators of car parks offering automated parking must also notify the police in the event of an accident. Data protection and controlled access to this driving data are therefore a central and legally sensitive building block of the new regime, especially for fleet operators and mobility providers that process large volumes of data.

Who is liable when the software steers?

If a person is harmed in an accident, in principle the insurer provides compensation first; only afterwards is it clarified who was actually responsible. The key point: despite technical autonomy, the vehicle keeper remains liable under the causal liability of Art. 58 SVG, a no-fault, risk-based liability. In an accident involving an automated vehicle, three levels of causation ultimately come into consideration:

  1. the manufacturer (for instance in the case of software or sensor faults under the Product Liability Act);
  2. the driver (if they were steering themselves at the time of the accident); or
  3. the keeper (for example in the case of inadequate maintenance).

Legally, this is so intriguing because the allocation of risk shifts noticeably: from the driver to the system function, from the classic driving error to a product, software or maintenance defect, from pure SVG liability towards questions of recourse, product liability and evidence, and from the visible course of the accident towards the evaluation of technical data. Whether the human or the system was in control at the time of the accident can be traced through the driving-mode memory. The evaluation of this data thus becomes decisive for asserting recourse claims. For manufacturers, importers and operators this means a potentially higher liability risk; and for all parties involved, the urgent need to settle the contractual allocation of risk cleanly at an early stage.

What role does cybersecurity play?

A self-driving vehicle is essentially a rolling computer, and thus a potential target for cyberattacks. Cybersecurity is therefore not merely a peripheral technical issue, but a load-bearing element of the approval regime. Manufacturers must hold valid certificates for their cybersecurity management system under UN Regulation No. 155 and for their software-update management system under UN Regulation No. 156, and this for the entire supported operating period of the vehicle. The aim is to prevent external attacks and to avoid failures and malfunctions.

The regulation also takes account of this risk dynamically: ASTRA may even declare new provisions applicable retrospectively to vehicles that have already been approved and put into circulation, for example when certain vehicle types are affected by a hacking attack (Art. 6 VAF). For companies, this means: cybersecurity is not a one-off approval hurdle, but an ongoing legal and organisational obligation throughout the entire life cycle of the vehicle.

Conclusion

Self-driving vehicles will fundamentally change mobility, and in Switzerland they are already a reality. In Zurich's Furttal, the Swiss Transit Lab, the cantons of Zurich and Aargau and the SBB (Swiss Federal Railways) are deploying self-driving vehicles in the «iamo» pilot project (intelligent automated mobility); following approval by ASTRA, they are for the first time travelling in automated mode on public roads, and the public should be able to use the service in the first half of 2026[10]. Level 5 vehicles do not yet exist, but development is advancing quickly, and it is foreseeable that full automation will follow in the not-too-distant future.

Automated mobility is opening a new frontier of opportunity for investors, developers and operators, and with it a set of questions that deserve early attention: approvals and admission, liability and recourse risks, data access and data protection, and the allocation of risk between manufacturers, importers, operators and users. Addressing these questions early is what turns a promising technology into a sound, long-term investment.

This is precisely where TND Universe adds value. With expertise spanning real estate, mobility and energy, and a commitment to sustainable development, transparency and long-term investment integrity, we help clients evaluate, structure and realise automated-mobility opportunities across their full lifecycle, from initial due diligence through to operation and value creation.

Talk to us. Whether you are looking to invest in, develop or operate automated-mobility solutions, our team can help you navigate the risks and unlock the opportunities of this fast-evolving field. Contact us for a non-binding initial conversation.

Sources

[1] AS 2025 50 - Ordinance of 13 December 2024 on Automated Driving (VAF) | Fedlex

[2] Implementing Regulation - 2022/1426 - EN - EUR-Lex

[3] Regulation - 2019/2144 - EN - EUR-Lex

[4] Delegated regulation - 2022/2236 - EN - EUR-Lex

[5] UN Regulation No. 155 — Uniform provisions concerning the approval of vehicles with regard to cyber security and cyber security management system [2025/5]

[6] UN Regulation No. 156 - Software update and software update management system | UNECE

[7] UN Regulation No. 157 - Automated Lane Keeping Systems (ALKS) | UNECE

[8] UN Regulation No. 171 — Uniform provisions concerning the approval of motor vehicles with regard to Driver Control Assistance Systems (DCAS) [2024/2689]

[9] SR 0.741.10 - Convention of 8 November 1968 on Road Traffic (with annexes) | Fedlex

[10] iamo – intelligent automated mobility; Pilot project «iamo» on automated driving in the Furttal | Canton of Zurich

News
Who is liable when the car steers itself?
A Permit Is Not a Power Plant: Switzerland's Half-Decision on New Nuclear

On 29 June 2026, ETH Zurich and the Paul Scherrer Institute published a joint white paper by nineteen researchers across four independent energy-system models. Its message is clear: new nuclear becomes competitive in Switzerland once three conditions line up, the state backs nuclear alongside renewables, financing costs fall from roughly 8% to 5% through guarantees or contracts for difference, and construction costs move toward CHF 8,000 per kilowatt or below. The lower the build cost, the stronger the case: new nuclear pencils out in one of the four models even at CHF 12,000 per kilowatt, and in more of them as costs fall toward CHF 5,000.

That is the tension: Parliament made new plants possible while withholding the very support the study calls their precondition. Lifting the ban is right, but only half a decision. The five questions below set out what was decided, what was left out, and what still has to be settled before the vote.

A permit is not a power plant. Parliament legalized the building and, in the same breath, outlawed the one thing that would make it bankable.

1. What did Parliament actually decide, and what did it leave out?

On 18 June 2026 the National Council, following the Council of States, adopted the Federal Council's indirect counter-proposal to the “Blackout stoppen” initiative by 108 votes to 87, making new nuclear plants legally buildable for the first time in fifteen years. Concretely, the counter-proposal deletes Article 12a and Article 106 para. 1 bis of the Nuclear Energy Act (KEG), the provisions that since 2018 barred any general license for a new plant, and inserts a requirement that financing be secured in advance. On its face, this restores technology neutrality. But the parliamentary majority went further than mere permission: the National Council line rejects state support for new reactors and would grant a framework license only where the construction and operation of a plant are financially assured on private terms. In other words, the legislator has re-opened the door and, at the same time, removed the ramp that leads to it. The decision answers the question of legality. It leaves entirely open the question that actually governs whether a plant ever gets built: who carries the multi-decade financial risk, the very point the ETH study puts front and center.

2. What does the ETH study show, and where do we part ways?

The arithmetic is careful, and on its own terms it holds: new plants become competitive once the state supports them, financing costs fall from around 8% to 5%, and construction costs move toward CHF 8,000 per kilowatt. We accept that. But two features deserve emphasis. The analysis does not model small modular reactors as a technology in their own right. It represents nuclear through a single capital cost per kilowatt of installed capacity, and its most expensive case, CHF 12,000 per kilowatt, is taken from recent first-of-a-kind gigawatt projects in Europe and the United States. The authors themselves attribute those prices to being the first of their kind, and expect learning to bring costs toward CHF 8,000. The serial, factory-built logic of modular reactors is exactly the route to the lower costs at which the models turn positive, yet it lies outside them. And while it is right that Switzerland could reach net zero without new nuclear, leaning on hydropower and photovoltaics for roughly three quarters of supply, that path quietly accepts structural winter import dependence as its price. That is what we are not willing to accept. A high first-of-a-kind cost is an argument for a serious build program and a sound financing framework, not for treating nuclear as optional.

Construction cost
Figure 1: With political support and financing costs cut from 8% to 5%, construction cost decides how much new nuclear gets built across the four models. At CHF 12,000 per kilowatt, capacity falls toward zero in three of the four. Data: ETH Zurich / PSI (29 June 2026); figure recreated in English by TND Universe.

3. How much nuclear does Switzerland need to stay sovereign?

Enough to stay in control of its own winter supply. Demand is set to climb from about 57 terawatt-hours today to between 75 and 90 by 2050 as transport, heating and industry electrify, just as the existing reactors, some 23 terawatt-hours, reach the end of their lives. On a cold, windless winter night, solar and run-of-river hydro cannot cover that load, and the gap is filled by imports from neighbors whose own margins are shrinking. A firm domestic baseload of 25 to 30 terawatt-hours, roughly nuclear's share today carried into a larger system, would keep that capacity in Swiss hands instead of surrendering it to a market the country does not steer. Letting the fleet retire unreplaced does the opposite. That reactors are slow or costly to build is an argument about execution, not direction, and the technology answers part of it: the latest designs, including the small modular units now nearing deployment, are markedly safer than the plants they would replace, built around passive safety and a far smaller footprint. The wiser course is to treat that firm capacity as the strategic asset it is, a dependable foundation for the country's future supply.

4. Is there a lawful financing path, and should the state take it?

There is, and Switzerland has the legal tools to build it. A contract for difference, under which the state guarantees a fixed strike price and settles the gap either way, is the instrument the ETH authors point to, and it is precisely what the National Council line refuses. Introducing it would mean squaring it with the Electricity Supply Act (StromVG), the Energy Act (EnG) and the 2024 “Mantelerlass” on secure electricity supply from renewables, and treating it honestly as state aid. None of that is a barrier so much as a design task: the European Union already uses a contract for difference for new nuclear, at Hinkley Point C, which shows the instrument is workable rather than forbidden and gives Switzerland a template to negotiate around in its own electricity talks with Brussels. Behind the build cost sits the long tail, liability under the Nuclear Energy Liability Act and the decommissioning and waste-disposal fund, and a serious framework prices that in from the start. These are reasons to design the financing carefully. They are not reasons to leave the permission empty.

5. What should be decided now, in the window before February 2027?

The supply gap is real, and it widens as the economy electrifies: petrol cars give way to electric ones, oil and gas boilers to heat pumps, fossil-fueled industrial processes to electric ones, and digital infrastructure and data centers add load of their own. Without firm domestic baseload, Switzerland will meet that rising winter demand with imports, year after year. That is an argument for deciding seriously, not for deciding halfway. If the country wants the nuclear option to be genuine, it must legislate the financing architecture the ETH study itself identifies as the precondition: a defined risk-transfer mechanism, a bankable license framework, and a clear-eyed answer on state aid and the EU electricity file. What it should not do is what it has done so far: permit the plant, forbid the financing, and leave investors to reconcile the contradiction. Switzerland has made the easy half of the decision. The hard half is still on the table, and the months before the vote are the time to put it there.

Opponents, among them the Schweizerische Energiestiftung, the Social Democrats and the Greens, read the same study as proof that new nuclear is neither economic nor necessary, and want the repeal rejected at the ballot. We read it differently. A system in which net zero is technically reachable without nuclear is not the same as a supply that stays secure, sovereign and affordable in the depths of winter. Cost is a reason to structure the financing intelligently, not a reason to rule out a technology the country will need.

Our view

From a legal and economic perspective, repealing the new-build ban is only a first step, not yet a bankable investment framework. As long as the legislature does not create a financing architecture that investors can rely on, the planning certainty infrastructure investment requires is missing. Our position is clear, and it is not the study's: Switzerland needs new nuclear. Holding a firm domestic baseload on the order of 25 to 30 terawatt-hours, enough to keep roughly today's nuclear share as demand climbs toward 75 to 90 terawatt-hours by 2050, is what genuine energy sovereignty looks like, the difference between generating our own power and depending on imports we do not control. The latest reactor technology is markedly safer than the plants it would replace, and it belongs at the center of the country's energy infrastructure, not at its margin. Permission without financing is symbolism, not location policy. Switzerland should finish the decision it has started: commit the financing, build the capacity, and secure its own supply.

Dr. iur. Alexander Schiemenz is a co-founder of TND Universe, which creates, invests in and delivers exceptional real estate, mobility and energy solutions that shape better communities and brighter futures. If you are planning to invest in energy infrastructure, get in touch for legal insights and energy concepts that turn a permitted project into a bankable one.

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A Permit Is Not a Power Plant: Switzerland's Half-Decision on New Nuclear
The Lex Koller Reform: A Legal Change Aimed at the Wrong Problem

FuW opinion article by Dr. iur. Alexander Schiemenz, LINDEMANNLAW, July 2026

Switzerland is arguing over a housing shortage, and the Federal Council delivers an answer: a stricter Lex Koller. The consultation has been running since 15 April 2026 and ends on 15 July 2026. For the first time, listed real estate funds, SICAVs and real estate companies are to fall under the authorisation regime. It sounds like decisive action. Above all, it is symbolism. For the bill does not address the cause of the scarcity, but the capital market that helps finance housing construction, and it does so with an instrument that can hardly be enforced in exchange trading. The political trigger is well known: after the debate over the «10-million Switzerland», the Federal Council promised accompanying measures. This reform is one of them. The driver is the optics of the immigration debate, not evidence that foreign investors are driving up rents.

« A fund unit gives no one control over Swiss land. It provides a return, and lawmakers a bogus argument. »

1. What does the bill change legally, and why is it problematic to treat a fund unit like a piece of land?

The Lex Koller pursues a single declared purpose (Art. 1 BewG): to prevent the «foreign domination of domestic land». That is a question of control over land and soil. This is precisely where the preliminary draft shifts the line. In future, «acquisition» is also to include anyone who takes over units in real estate funds, shares in real estate SICAVs or interests in real estate companies with a controlling position (Art. 4 para. 1 lit. c, cbis, d and e VE-BewG). This reverses a proven status quo: since 1 March 2013, persons abroad have been able to freely acquire regularly traded fund units. The reason was obvious. A fund unit is not a piece of real estate. It provides a proportionate return, but no power of disposal over a specific plot, no voting right over letting, conversion or sale. Whoever holds an exchange-traded real estate fund «controls» as little land as the holder of a bond controls the company to which it lends money. The reform treats a capital investment like a purchase of real estate. That is not the closing of a loophole, but a confusion of categories.


2. Why can the new rule hardly be enforced in practice in exchange trading?

Even more serious is how the new rule is to be monitored. Enforcement intervenes directly in the capital market. Exchange participants and firms that trade listed securities over the counter would have to review every relevant order, clarify whether the buyer is a person abroad, and refuse execution without authorisation (Art. 19b VE-BewG). Fund documents would have to exclude non-authorised persons abroad from the outset (Art. 67a, 71a and 118j KAG). Violations cost up to 250,000 francs (Art. 28a VE-BewG). The problem is not good will, but the mechanics. Listed funds and SICAVs do not maintain an ongoing register of their beneficial owners. In split-second trading on the exchange, the beneficial owner is often only identifiable with a delay, but the bill demands seamless control. What is operationally unachievable leads to the only remaining solution: withdrawal from the exchange. The Confederation itself writes that a delisting is the likely result. Around 44 Swiss real estate funds with a volume of nearly 80 billion francs would be affected. A measure that destroys transparency and liquidity in order to feign control is not supervision. It is an own goal.

3. How does the Confederation itself assess the effectiveness of the measure, and what do the figures say?

The strongest argument against the reform comes from the Confederation. The commissioned regulatory impact assessment concludes that the measure is «not suitable» for easing the housing market and has only a «minimal» effect on foreign land ownership. The figures are clear. Foreign investors hold around 5.32 billion francs in listed Swiss real estate funds and SICAVs, of which 2.42 billion are in the residential segment. Against this stand 26.65 billion that Swiss pension funds alone invest in real estate abroad. Whoever speaks of «foreign domination» here confuses a marginal quantity with a structural problem.

4. What further risks does the Confederation identify, and what about constitutional proportionality?

The report further warns that sectoral capital controls generally do not work, that diverted capital could push domestic investors more strongly into the market, and that a signal of isolation could harm the location and trigger countermeasures against Swiss owners abroad. As early as 2017, a similar tightening was dropped after the consultation. Constitutionally, the fundamental question of proportionality remains (Art. 5 para. 2 BV): a measure that, according to official analysis, does not achieve its goal is not suitable, and therefore hardly justifiable.

5. What does this mean for investors, and how should they use the remaining window of time?

The housing shortage is real, and it deserves serious policy: more building land, faster procedures, denser construction. A stricter Lex Koller delivers none of this. It produces bureaucracy, drives liquid capital out of transparent vehicles and shifts the problem instead of solving it. Whoever wants to improve the reform should delete or narrowly frame the provisions on indirect investments and listed securities and address only genuine control over residential building land, equally for all non-residents. The consultation runs until 15 July 2026; the bill can hardly enter into force before 2028 in any case. Investors should use this window to submit comments and review their structures. Symbolic politics has a price. It would be paid not by the housing market, but by the financial centre.

Read the full guest commentary in Finanz und Wirtschaft.

News
The Lex Koller Reform: A Legal Change Aimed at the Wrong Problem
The Housing Initiatives Between Building Mandate and Federal Law

Dr. iur. Alexander Schiemenz, LINDEMANNLAW , FuW opinion piece, June 2026

On 14 June, Zurich rejected three popular initiatives on the housing shortage: the left-wing housing initiative, the left-wing tenant-protection initiative, and the centre-right home-ownership initiative. All defeated. And yet the electorate said Yes twice: to the counter-proposals of the Cantonal Council. This is not a contradiction. It is a precise political statement. Voters do not want ideology. They want solutions.

The situation is well known, but it deserves figures. The vacancy rate in the canton stands at 0.48% in the city itself below 0.1%. Of around 224,000 urban apartments, just over 130 stand empty. Asking rents have most recently risen by 8.5%. Anyone looking for an apartment in Zurich today knows: this is not a market correction. It is structural scarcity.

“A No to all three initiatives is not indifference. It is a rejection of politics that prefers posturing to building.”

1. What does the counter-proposal to the housing initiative provide for?

The counter-proposal to the housing initiative receives 57.9% Its core: simpler zoning and building-law requirements, faster permit and appeal procedures, and the option of taller buildings. The Cantonal Council must present implementing legislation within three years. This is the opposite of the rejected initiative, which sought to create a state housing authority with 500 million francs in start-up capital.

2. Where are the legal limits to faster construction?

Legally, this is demanding. Zoning lies primarily with the cantons and municipalities, but federal law sets limits: the Spatial Planning Act, the RPG, prescribes how densely, how high, and how quickly construction may take place. A cantonal counter-proposal that shifts these limits may founder on federal-law barriers. The decisive question is whether the Cantonal Council genuinely opens up new room for manoeuvre or merely reformulates existing instruments. Will taller buildings in residential zones actually become eligible for permits, or will objections continue to block every second project? This is where the real test lies.

3. What does the counter-proposal to the tenant-protection initiative deliver?

The counter-proposal to the tenant-protection initiative comes to 54.3%. Its content is more targeted than the initiative it replaces. From 20 simultaneous tenancy terminations onwards, a landlord must submit a termination plan, inform tenants at least one year in advance, and examine whether construction measures are also possible while the property remains occupied.

4. Why is this tenant-protection counter-proposal legally delicate?

That sounds moderate. Legally, it is delicate. Tenancy law in Switzerland is federal law. The Code of Obligations governs termination, rent, and tenant protection conclusively at the federal level. A cantonal counter-proposal that regulates landlord conduct in termination situations moves at the edge of what is permissible under federal law. As soon as a cantonal provision intrudes into this core area of the Code of Obligations, a conflict of precedence with Art. 49 of the Federal Constitution looms. The first serious application of the counter-proposal will end up in court. With what result remains open.

5. What does the result now mean for the Cantonal Council?

Having adopted two counter-proposals is no free pass for the Cantonal Council. It is a mandate with a deadline. Those who supported the counter-proposals in order to prevent the initiatives must now deliver. This applies to the centre-right parties, which lobbied for years against tenant-protection rules, just as it does to the left-wing parties, which will now press to exploit the counter-proposal to the tenant-protection initiative to the maximum.

The political compromise has been found. The legal dispute over interpretation is only beginning. Every implementing provision will be challenged, by one side or the other. That is precisely the price of a ballot result that delivers no clear majority for one model, but a narrow majority for two different models at once.

Zurich needs more apartments. Zurich also needs tenant protection that works without deterring investment. These two goals are not mutually exclusive. But they cannot be produced by popular votes. Popular votes set a direction. The work that follows is craftsmanship: laws, ordinances, procedures, courts. The 14th of June can be a turning point. Greater Zurich is growing, the infrastructure is not keeping pace. That can be changed, if the legislature seizes the opportunity and finally introduces the processes that enable fast, reliable construction. The conditions are there. The excuse that it cannot be done, no longer is either.


News
The Housing Initiatives Between Building Mandate and Federal Law
Sovereignty, supply gaps, SMRs: what needs to be understood before Switzerland decides on nuclear

Five questions Switzerland must answer

1. Is the supply gap real? Switzerland consumes 57 TWh today. By 2050, demand rises to 75–90 TWh. Beznau, Gösgen and Leibstadt go offline. That is a structural gap of 20–35 TWh. No scenario closes it without either new baseload or permanent import dependency.

2. Was the construction ban ever a direct democratic mandate? The 2017 referendum approved the Energy Strategy 2050 as a package — not a standalone technology ban. In 2003, two thirds of Swiss voters rejected both "Power without Nuclear" and the MoratoriumPlus. In 2016, a majority rejected capping plant lifetimes. 59% of Swiss people today consider new-generation nuclear sensible.

3. Is this energy policy — or infrastructure policy? Three million EVs, AI data centres, heat-pump districts. Electricity is the foundation of Switzerland's next economy, not one variable among many. The decision being made now determines what infrastructure exists in 2045. That is not an energy question. It is a sovereign infrastructure decision.

4. What does import dependency actually mean? Every TWh Switzerland imports is a TWh produced elsewhere — in French nuclear plants, in German gas turbines, in coal-backed European grid capacity. Energy sovereignty is not an abstraction. It is a geopolitical and economic asset that Switzerland has historically protected and is now at risk of quietly surrendering.

5. Are new reactors compatible with modern urban planning? Small Modular Reactors (SMRs) have a footprint of half a football field. They can supply both electricity and heat for an entire urban district simultaneously. The question is no longer whether nuclear fits a sustainable city. It is whether Switzerland can afford not to evaluate the option.


Five things that need to happen now

  1. Lift the construction ban — and open the technology assessment. Not a decision to build, but a decision to evaluate.
  2. Commission an independent feasibility study on SMR deployment in Switzerland, separate from lobby positions on both sides.
  3. Define the grid investment required to close the supply gap regardless of the nuclear outcome — the gap is real irrespective of what fills it.
  4. Set a clear timeline: if a referendum is triggered, it must be conducted on the facts of 2026, not the fears of 2011.
  5. Separate the sovereignty question from the environmental debate. Both deserve honest answers. Conflating them serves neither.

News
Sovereignty, supply gaps, SMRs: what needs to be understood before Switzerland decides on nuclear
Noise, biodiversity, ISOS – what needs to be clarified before every wind turbine is installed

Dr. iur. Alexander Schiemenz, LINDEMANNLAW — FuW Opinion Article, June 2026

Switzerland needs more winter electricity. But that doesn’t mean every wind turbine is a good one. Anyone who wants to put wind farms on a community’s doorstep must offer more than just the urgency of energy policy. They must prove that the site is suitable, both today and twenty years from now. Wind energy has political momentum in Switzerland. The federal government wants to expand renewable energy production, cantons must designate suitable areas, and since the Acceleration Decree, procedures for facilities of national interest are supposed to move faster. That sounds like progress. But it also sounds like a temptation: as if citing the energy transition were enough to dismiss local objections, landscape protection, noise concerns, biodiversity, and decommissioning issues as secondary matters. This is precisely where the mistake lies. Wind power is not a moral argument, but an infrastructure project. Infrastructure must prove its worth at the specific location—in terms of spatial planning, ecology, economics, and the law. This cannot be dismissed by citing urgency.

“Anyone planning wind turbines in ISOS areas won’t face romantics as opponents. They’ll face the Federal Supreme Court.”

What impacts do wind turbines really have and why isn’t looking at decibels enough?

In Switzerland, there is no fixed minimum distance between wind turbines and residential buildings. The decisive factors are noise regulation limits, sensitivity levels, topography, turbine type, and specific wind conditions. This sounds technical, but it is politically crucial. Because the impact does not end with decibel levels on paper. Wind turbines generate periodic noise, cast shadows, and dominate the visual landscape. Those who live nearby do not experience this as an abstract contribution to the power supply, but as an intrusion into their daily lives. This is not a criticism of the technology. It is a question of location.



Why doesn’t biodiversity end at the rotor?

Biodiversity, too, does not end at the rotor. Wind farms require access roads, foundations, assembly areas, power lines, and grid connections. In sensitive areas, this ancillary infrastructure alone can be the deciding factor. Collision risks for birds and bats, habitat loss, and disturbances are not theoretical risks. They must be assessed on-site, not glossed over in retrospect. A site that only works through ecological compromises is not a good site.

Is landscape conservation just romanticism?

Landscape conservation is more than just romanticism, too. Switzerland is densely populated, topographically exposed, and culturally shaped by its distinctive townscapes. Wind turbines have an impact far beyond their immediate location. They alter silhouettes, sightlines, and slopes. This observation is not a veto against wind power. It is a site-specific condition, and it is enshrined in Swiss law.

Why does ISOS decide on a wind power project?

The Inventory of Swiss Heritage Sites provides a factor that is often underestimated. In a January 2026 ruling regarding Winterthur, the Federal Supreme Court clarified: As soon as a permit touches upon federal legal principles, the ISOS is directly applicable. Anyone planning wind turbines in or near ISOS-designated areas is no longer operating within the canton’s discretion. They trigger a qualified balancing of interests under Art. 6 et seq. of the Nature and Cultural Heritage Act (NHG). The Federal Commission for Nature and Cultural Heritage may be consulted. For investors and project developers, this means: An early ISOS review is not a luxury, but a requirement. Anyone who only discovers during the permitting phase that a facility is located in an ISOS area risks more than just delays. They risk the entire project. Over 1,200 localities are classified as nationally significant in the ISOS, and their impact zones extend far into the landscape. Anyone who ignores this is building on sand.

How do you prevent the wrong project and when does effective opposition begin?

The political trend is toward acceleration. Procedures are to be shortened, objections made more difficult, and approvals more predictable. This is attractive to investors. For municipalities, it is risky. The Acceleration Decree is not a carte blanche: it is intended to streamline procedures, not to eliminate the balancing of interests. This is evident in practice: In the Canton of Zurich, the cantonal government eliminated approximately 40 percent of the canton’s wind power potential with a single decision because the sites failed to meet the criteria for balancing aviation, townscape protection, and proximity to settlements. A blanket “no” will not hold up in accelerated procedures. Anyone who wants to prevent a project doesn’t need to stir up outrage; they need a dossier: noise assessments, ecological surveys, ISOS analysis, infrastructure feasibility studies, and a decommissioning plan. Effective opposition doesn’t begin with protests once the rotors are up. It begins at the land-use planning stage. The end of a plant’s life is particularly underestimated. Wind farms have a limited lifespan. Decommissioning, foundations, access roads, waste disposal, and repowering must already be addressed during the permitting process. Anything else is greenwashing with a time delay. A facility marketed as sustainable today must not end up as an unresolved waste disposal problem for the municipality in twenty years. Without a clear decommissioning obligation and financial guarantees, a wind farm is not fully planned. The energy transition needs speed. But speed is no substitute for sound judgment. Good site decisions are not a contradiction to the energy transition. They are its prerequisite. Whoever places wind turbines in the wrong location produces not only electricity but also resistance. And resistance costs time that the energy transition cannot afford. Good energy policy accelerates the right projects. And it stops the wrong ones early enough.

Do you have a wind project in the works?

Whether you’re a municipality, an affected resident, or a project developer—our team supports you from land-use planning through the ISOS review to the decommissioning plan. Talk to us early on, before the rotors are up. Contact the LINDEMANNLAW team for an initial assessment of your site.

Read the guest commentary in “Finanz und Wirtschaft” (FuW): Windkraft ist kein moralisches Argument – sondern ein Standortentscheid

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Noise, biodiversity, ISOS – what needs to be clarified before every wind turbine is installed
Rent Caps Don’t Solve the Housing Shortage. They Manage It.

Dr. iur. Alexander Schiemenz, LINDEMANNLAW — FuW Opinion Article, June 2026

Those who cap rents do not build housing. They redistribute scarcity. That is precisely the problem with the wave of housing policy regulation currently sweeping through Switzerland. On June 14, Zurich will vote on the Housing Protection Initiative. Basel has already shown what follows. Bern, Geneva, and Vaud are examining similar rules. What looks like cantonal social policy is in fact a directional decision on housing policy for the entire country — a Switzerland heading towards ten million people.

The diagnosis is correct: in cities with low vacancy rates, rising construction costs, and sustained immigration pressure, housing has become a matter of distribution. Affordable housing is a legitimate political goal. The means, however, is open to debate.

“The price is not the cause of the housing shortage. It is its symptom. Those who regulate only the price are fighting the thermometer instead of the fever.”

The Politically Attractive Fallacy

Rent caps have one great advantage: they are easy to explain. High rents — so let us limit them. That is catchy, emotionally plausible, and referendum-ready.

Economically, it is too simplistic. The price is not the cause of the housing shortage. It is its symptom. High rents indicate that too few homes exist where people want to live. Those who regulate only the price without increasing supply are fighting the thermometer instead of the fever.

In the short term, rent caps can relieve individual households — that is undisputed. In the medium term, they set the wrong incentives: fewer investments, fewer renovations, more bureaucratic procedures, more evasive manoeuvres. In the end, there are not more affordable apartments, but fewer available ones.


Basel Warns

Basel-Stadt provides the cautionary example in real time. Since 2022, strict housing protection rules have been in force. The result: declining renovation contracts, new permit procedures, litigation risks, and multi-year monitoring periods. Some rules already had to be relaxed as of November 2025 because renovations were being suppressed too severely.

The numbers speak clearly. Under the simplified housing protection procedure, the return on construction costs for a renovation drops to 1.3 percent, compared to 2.7 to 3.4 percent under standard Swiss tenancy law. At today’s interest rates, regulatory requirements, and construction costs, no one renovates for 1.3 percent. This is not an accident. It is the predictable outcome of a system that makes investment more difficult and politically caps returns.

Energy-efficient renovations, building technology upgrades, comprehensive refurbishments — precisely what climate targets require — are no longer financially viable. A house frozen in place by regulation is not more social. It is just older.

Build, Don’t Block

The core social policy flaw of the rent cap lies in its targeting. It does not primarily help those most in need. It helps those who already have access to the regulated housing stock.

Those who have an affordable regulated apartment stay put. Even if it has become too large. Even if they change their place of work. Every move becomes a financial penalty, because the new rent will be higher. This creates lock-in effects: individuals in family apartments, families without access to larger units, declining professional mobility. Existing housing is used less efficiently.

The right answer is more supply: faster permitting, denser building, activating development sites, and shortening procedures. And a different mindset towards building is needed. A Switzerland with ten million people is not a spatial planning threat — it is a design challenge. 15-minute neighbourhoods, positive-energy buildings, new mobility concepts: these are already being built today, in Rotkreuz, in Hamburg, in Copenhagen. It is not land that is lacking. It is investment security.

Social goals can be achieved more precisely: non-profit housing construction, targeted housing allowances, development area rules with calculable returns. The counter-proposal to the Zurich initiative points in this direction.

The housing shortage is real. That is precisely why it should not be answered with symbolic politics. A rent cap does not create a single additional square metre of housing. It increases procedural costs, slows down renovations, and shifts the scarcity onto those who do not yet have an apartment. What looks like protection is the management of scarcity with a social label.

Rent caps don’t solve Switzerland’s housing shortage – they worsen it. Why permit reform and investment security are the right answers to the housing crisis.

Read the full guest commentary in FuW

LINDEMANNLAW advises investors, owners, and developers through permit procedures, housing protection regulations, and return-secure development projects. Speak with our team about your situation — we combine legal, tax, and real estate expertise. Contact us today.

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Rent Caps Don’t Solve the Housing Shortage. They Manage It.
Switzerland Real Estate: A 2026 Strategic Guide for International Investors

By Alexander & Shynar Lindemann from LINDEMANNLAW for TND Universe


Few jurisdictions match Switzerland's combination of political stability, currency strength, banking infrastructure and rule of law. For HNWIs and family offices, Swiss real estate is rarely about yield — it is about positioning: a hard-currency, deeply protected store of value with one of the most reliable land registers in the world. But it is also a market with one of the strictest foreign-acquisition regimes in Europe, and that regime is currently under political review.

For international investors and family offices considering an allocation to Swiss real estate, here is what genuinely matters in 2026.

A Civil Law System Built on Cantonal Federalism

Switzerland is a civil law jurisdiction, with most rules codified at federal level — most notably the Civil Code and the Code of Obligations — but with significant variation at cantonal level for matters such as zoning, taxation, transfer fees and notarial practice. Real estate transfers and security interests are governed by federal law, while cantons regulate the conveyancing process, fees and, in some cases, additional transfer taxes.

The cornerstone of Swiss title security is the public Land Register, which enjoys public faith: a bona fide acquirer may rely on the entries, and good-faith protection is strong. Title searches and title insurance — common in many other jurisdictions — are therefore generally unnecessary. Ownership only passes upon registration, and mortgage notes (Schuldbriefe) rank from the date of registration. The transfer of real estate must be executed by a publicly notarised deed in the canton where the property is situated, and notarisation must be in that canton's official language.

This combination — codified federal substance, cantonal procedural rigour and a register-driven title regime — produces transactional outcomes that are predictable, well-documented, and difficult to challenge after the fact.

Lex Koller: The First Question for Every Foreign Buyer — and a Political Watchpoint

The single most important point for non-resident investors is the Federal Act on the Acquisition of Real Estate by Persons Abroad — universally known as Lex Koller.

Lex Koller restricts foreign acquisition of non-commercial real estate, meaning residential property, undeveloped land not earmarked for commercial use, properties used by public authorities and permanently vacant buildings. In practice, foreign individuals are largely excluded from acquiring residential property, with one notable exception: vacation homes in authorised tourist municipalities, subject to cantonal quotas.

Two further nuances matter:

The classification net is wide. A legal entity with its registered seat outside Switzerland is automatically deemed "foreign", regardless of who controls it. Swiss-domiciled entities are also treated as foreign if they are foreign-controlled — assessed on an economic basis through the ownership and financing chain. EU/EFTA nationals are treated as Swiss if they are both legally and actually resident in Switzerland; non-EU/EFTA nationals require a Swiss C residence permit.

Mixed-use property is permitted only where the residential portion is clearly subordinate (for example, a caretaker's apartment within an office building) or where zoning requires a residential share not exceeding 50 %.

Commercial real estate — properties permanently used for commercial activity — falls outside Lex Koller's restrictions and is freely acquirable by foreign investors, subject to standard transactional rules.

The political watchpoint for 2026: Lex Koller is currently under active review. Motion 24.3961 (Verschärfung der Lex Koller, September 2024) proposes a broad tightening, and on 21 March 2025 the Federal Council announced an "accompanying measures" package linked to a popular initiative seeking to cap Switzerland's population at 10 million. Both proposals could tighten controls in the second-home and potentially the commercial segment. As at late 2025, none had been enacted — but foreign investors should price in the risk of stricter rules and more intrusive scrutiny, particularly for resort properties, second homes and structures with significant foreign financing.

No Exchange Controls — But 35 % Withholding and Real AML Discipline

Switzerland imposes no exchange-control restrictions on foreign real estate investors. Funds may be moved in and out and converted at market conditions.

Two compliance realities, however, deserve attention:

Swiss financial institutions apply rigorous AML, KYC and source-of-funds verification under the Federal Act on Combating Money Laundering and Terrorist Financing. For complex international structures, this should be a parallel workstream from day one.

Dividends and liquidation proceeds distributed by a Swiss company are subject to 35 % federal withholding tax, reclaimable in whole or in part under the relevant double taxation treaty. This shapes structuring decisions for cross-border investors and should be modelled before the holding vehicle is selected.

Choosing the Right Holding Vehicle

Swiss real estate is most commonly held either directly through a foreign entity, or through a Swiss limited-liability vehicle — typically an Aktiengesellschaft (AG/SA) or a Gesellschaft mit beschränkter Haftung (GmbH/Sàrl). Both provide full limited-liability protection.

Direct holding by a foreign entity can be tax-efficient because distributions outside Switzerland do not trigger Swiss withholding tax. A Swiss vehicle, however, often simplifies transactional friction: Swiss banks, notaries and counterparties prefer dealing with a locally incorporated entity, and registration, financing and ongoing management are smoother.

A useful jurisdictional nuance for US-based investors: a Swiss GmbH is often classified as a transparent (pass-through) entity for US federal tax purposes if the investor so elects — making the GmbH a frequent vehicle of choice for US family offices.

Note also that since January 2025, recent revisions to the Code of Obligations and amendments to the Debt Collection and Bankruptcy Act have strengthened directors' duties to monitor liquidity and respond promptly to potential over-indebtedness. Boards of Swiss property-holding SPVs must intervene early if liquidity tightens — a meaningful governance upgrade for cross-border structures.

The Acquisition Process at a Glance

A typical Swiss transaction is concise. The sale and purchase agreement must be notarised in the canton where the property sits and is not legally binding before that point — which makes pre-contractual reservation agreements (residential, with reservation fees commonly between CHF 20,000 and CHF 50,000) of limited enforceability. In commercial deals, signing and closing frequently occur on the same day, with the purchase price routed through the notary's escrow account or a Swiss bank payment undertaking.

Conveyancing costs — notary fees, land register fees and, in some cantons, transfer taxes — can reach approximately 3.5 % of the purchase price, with cantonal allocation between buyer and seller varying. Sale contracts are typically standardised and concise, statutory warranties are routinely excluded, and the parties instead rely on a targeted set of representations covering liens, litigation, environmental matters and lease accuracy.

Financing: Mortgage-Note-Driven, Conservative, Bank-Led

Swiss real estate financing centres on the mortgage note (Schuldbrief), registered in the Land Register either as a paper or — increasingly — as a register mortgage note. Mortgage notes embody both the secured claim and the lien; they are transferable and can be reused as collateral on refinancing, which avoids the high cantonal fees triggered by issuing new notes.

Foreign lenders may, in principle, lend into Switzerland without a Swiss licence, provided they have no Swiss infrastructure or personnel. The key tax point: interest paid by a Swiss borrower on a loan secured by Swiss real estate is subject to withholding tax of approximately 13 %–33 % dep


LINDEMANNLAW is a Swiss law firm advising Forbes billionaires, international investors, family offices and entrepreneurs on cross-border real estate, structuring and wealth solutions. Alexander and Shynar Lindemann are founding partner of TND Universe.

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Switzerland Real Estate: A 2026 Strategic Guide for International Investors
Malta Real Estate: A 2026 Strategic Guide for International Investors

By Alexander & Shynar Lindemann from LINDEMANNLAW for TND Universe


Malta sits at a particular crossroads — an EU member state in the heart of the Mediterranean, a civil law jurisdiction with English deeply embedded in business, banking and law, and a market with one of the most internationally minded property regimes in southern Europe. For HNWIs and family offices considering a Mediterranean allocation, Malta combines lifestyle, full EU treaty access, and a legal infrastructure that — while clearly regulated — is openly receptive to foreign capital.

For international investors and family offices considering an allocation to Mediterranean real estate, here is what genuinely matters in 2026.

A Civil Law Foundation with English Practical Reach

Malta is predominantly a civil law jurisdiction, with private law grounded in Roman and continental traditions. Procedural rules and aspects of commercial law still reflect the historical influence of English common law, and the courts apply codified legislation — most notably the Civil Code, the Code of Organisation and Civil Procedure (COCP), and the Commercial Code — as the primary source of law.

Crucially for buyers, Maltese real estate transactions that create, transfer or encumber rights over immovable property must be executed by public deed before a Maltese notary. The notary verifies title, conducts the registry searches, executes the deed, and registers it in the Public Registry — and, where the property lies in a Land Registration Area, in the Land Registry as well. Registration is what makes the right effective against third parties, and hypothecs rank from the date of registration.

Title security, therefore, rests on a documented, professional and registered process — with the personally accountable notary as its cornerstone.

The AIP Permit and SDAs: The First Question for Every Foreign Buyer

The single most important point for non-resident investors is the Acquisition of Immovable Property (AIP) regime.

EU and EEA citizens habitually resident in Malta may freely acquire one immovable property as their primary residence. Beyond that — and for virtually every non-EU buyer — an AIP permit is normally required, with two important exceptions:

Where the buyer has been ordinarily resident in Malta for five years or more.

Where the property is located within a Special Designated Area (SDA). SDA properties may generally be acquired by any nationality without an AIP permit, with full ownership rights and no quantitative restrictions.

Where an AIP permit is required, statutory minimum value thresholds apply, indexed annually. Under Legal Notice 174 of 2024: currently €174,274 for a flat or maisonette and €300,619 for any other type of property.

Companies are subject to a parallel rule: EU-established companies (including Maltese ones) may acquire property necessary for their business if at least 75 % of their share capital is owned by EU nationals; otherwise, an AIP permit is required unless the asset sits in an SDA.

For HNWIs, the practical answer is almost always: structure the acquisition path before signing — and seriously consider SDA-located properties where regulatory friction must be minimised.

Free Capital Flows, Strict Compliance

Malta applies EU free movement of capital rules. There are no exchange controls on the repatriation of capital or profits, provided all taxes are settled and AML rules — KYC and source of funds — are complied with.

In practice, banks and notaries apply rigorous AML, sanctions, and beneficial-ownership screening. For complex international structures, source-of-funds documentation should be prepared in parallel with the legal due diligence — not after.

Choosing the Right Holding Vehicle

Malta offers an unusually broad menu of investment vehicles, supervised where relevant by the Malta Financial Services Authority (MFSA):

The SICAV (Investment Company with Variable Share Capital), often structured as a multi-fund or umbrella vehicle, is widely used for open-ended fund strategies including real estate.

The INVCO (Investment Company with Fixed Share Capital), a public limited company typically used for closed-ended fund structures.

Cell companies and Incorporated Cell Companies (ICCs/RICCs), allowing statutory segregation of assets and liabilities between cells under a single corporate umbrella.

Limited liability partnerships (en commandite), unit trusts under the Trusts and Trustees Act, and Common Contractual Funds (CCFs) — the latter typically tax-transparent and contractual in nature.

Standard Maltese companies and SPVs are also commonly used for single-asset acquisitions, joint ventures and trading activities.

Whatever the vehicle, income derived from immovable property situated in Malta is always taxable in Malta. Vehicle choice influences governance, segregation and treaty positioning — but not the fundamental Maltese tax exposure on local rental income and gains.

The Acquisition Process at a Glance

A typical Maltese transaction follows a clear path: negotiation, then a written promise of sale (konvenju), often signed before a notary. At signing, the buyer usually pays around 10 % earnest money. Within 21 days, the promise must be notified to the Commissioner for Revenue, with a 1 % provisional duty payable — subject to first-time buyer and other statutory exemptions.

The final transfer takes place by public deed before the notary, who then has 15 days to enrol the deed and complete registration. Estate agents typically charge around 5 % of the sale price (paid by the seller) and are now licensed and supervised by the Property Market Agency under Chapter 644 of the Laws of Malta.

Existing leases run with the property — the buyer steps into the landlord position, and tenants continue to enjoy the protections of their lease and the Private Residential Leases Act (PRLA, Chapter 604), which caps residential security deposits at one month's rent and limits annual rent increases on residential leases to a maximum of 5 %.

Financing: Notary-Driven, Bank-Led, Conservative

Real estate financing in Malta is provided by Maltese banks and other licensed credit institutions, with EU/EEA lenders permitted to passport in under the CRD/CRR framework. Security is created principally through hypothecs — Malta does not use the common-law concept of "mortgage" — constituted by public deed and registered in the Public Registry to be effective and to rank from registration.

Loans are commonly priced off ECB/Euribor benchmarks plus a bank margin. The Civil Code sets a general 8 % maximum contractual interest rate, but licensed banks are exempt for their regulated lending business. Loan-to-value, debt-service-cover and interest-cover covenants are standard, and Maltese banks typically expect borrowers to contribute around 30 % equity to project financings.

Foreign lenders should plan for security formalities: notarisation, the two-month registration window for special privileges, and — for emphyteutical or government-leasehold financing — Lands Authority recognition of the lender's position.

Expropriation, Forfeiture and Recent Reforms

Constitutional property protection is strong. Expropriation under the Government Lands Act (Cap. 573) is permitted only for public purposes and requires adequate compensation, with both Maltese courts and, ultimately, the European Court of Human Rights available for review. Confiscation without compensation is limited to criminal forfeiture on conviction.

Two recent reform threads matter for investors:

Act XX of 2024 modernised the residential leasing regime — clearer rules on renewals, abandonment, habitability and maximum occupancy; mandatory online registration; and stronger powers for the Adjudicating Panel for Private Residential Leases.

The 2025 and 2026 Budgets continued and enhanced property tax incentives — including substantial reliefs for Urban Conservation Area, vacant and older properties (capital gains, stamp duty and VAT relief on properties up to €750,000), alongside the standard first-time buyer scheme: zero stamp duty on the first €200,000 plus a €10,000 grant payable over ten years.

In parallel, the new three-tier environmental permitting system introduced in 2025 brings closer regulatory oversight of large-scale and industrial projects, and a more integrated relationship between planning (PA) and environmental (ERA) controls.

What This Means for International Investors

For HNWIs and family offices, Malta is rarely a pure yield play. It is a strategic foothold in the EU with full Mediterranean lifestyle access, an English-fluent professional infrastructure, and one of the most flexible holding-vehicle ecosystems in southern Europe.

The decisive success factors in 2026 are:

Engaging early with the AIP regime — and using SDA properties where regulatory friction must be minimised. Selecting a holding structure (Maltese SPV, SICAV, cell company, partnership or unit trust) that fits both the asset and the wider family-wealth architecture. Treating AML and source-of-funds documentation as a parallel workstream, not an afterthought. And working with advisers who understand both the notary-driven Maltese mechanics and the cross-border EU/Swiss positioning.

Done well, a Maltese real estate position can serve as a versatile, EU-anchored building block of a sophisticated international portfolio.

LINDEMANNLAW is a Swiss law firm advising Forbes billionaires, international investors, family offices and entrepreneurs on cross-border real estate, structuring and wealth solutions. Alexander and Shynar Lindemann are founding partner of TND Universe.


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Malta Real Estate: A 2026 Strategic Guide for International Investors