Welcome to the development zone!
I've been looking for a house to buy at a reasonable price for a long time, and I was lucky enough to be offered a preview of a flat in a development zone in Geneva. I was just about to sign a reservation agreement when my application was rejected on the sole grounds that I live in the canton of Vaud, on the pretext that the notary would ask me for proof of residence in Geneva in order to buy the property in question. I'm still shocked by this procedure, is it true?
M., Chavannes
No, this requirement is not legal and you are entitled to acquire such a property, even if the 1er On 1 November 2024, the law amending the General Law on Development Zones of 29 June 1957 (LGZD) came into force, stipulating that housing for sale in development zones must be reserved for people who have lived in Geneva for at least four years and pay income tax there.
A similar case was recently decided by the Constitutional Chamber of the Geneva Court of Justice, which annulled the purchase condition introduced in the cantonal law, after finding that this restriction violated several fundamental rights guaranteed by the Federal Constitution: the principle of equal treatment, the guarantee of ownership and economic freedom. In other words, the canton cannot deprive a person of the right to buy a home solely on the basis of his or her tax domicile.
The judges noted that the requirement introduced by this new law creates unjustified discrimination between people who may have real ties to Geneva, in particular those who left because of the high cost of housing but wish to return. The stated objective - to reserve moderately priced housing for the local middle class - is therefore not sufficient to justify such a radical measure. It is neither necessary nor proportionate, and is not based on sufficient evidence.
As the matter has not yet been referred to the Federal Court, a notary can no longer require proof of residence in Geneva to finalise a sale such as the one you were interested in. As a Swiss national, you are free to buy a home in a development zone, without any prior residence requirement. As the legal provision that prevented you from doing so has now been overturned by the courts, there is no legal basis for applying this requirement today.
So not only do you have the opportunity to buy such accommodation, but you are also protected against any attempt to discriminate against you on the basis of your canton of residence.
