Buying property in Ticino: how does the sale before a notary work?

Updated October 2026 · by Dr Pier Paolo Gori

In Ticino, the sale of a house or flat is completed by a public deed drawn up by a notary admitted in the canton. A private written agreement is not enough: without a notarised deed the contract is not valid. You become the owner only once you are entered in the land register, which the notary applies for after signing.

Why do you need a notary to buy property in Switzerland?

Swiss law makes a public deed a condition of validity for the sale of land. The contract is signed by the buyer, the seller and the notary.

Ticino's Notaries Act defines the notary as a public official. Notaries act independently, under the supervision of the canton. Deeds on rights in rem over land located in Ticino fall within the exclusive competence of a notary admitted in Ticino.

The notary must protect the interests of all parties fairly and impartially. They explain the nature, content and legal scope of the deed. Before signing, the notary reads the deed aloud or has the parties read it.

When do you become the owner?

Signing before the notary does not yet transfer ownership. The buyer becomes the full legal owner upon entry in the land register. In Ticino, the register is kept by the district registry offices (Uffici dei registri).

After signing, the notary notifies the transfer to the competent office. Ticino law presumes that the notary acts as the parties' agent for registrations.

What is a reservation agreement and deposit worth?

In practice, many buyers sign a reservation agreement or preliminary contract. Without a public deed, however, this agreement is not binding for the sale.

A deposit is usually paid. If the deal falls through, it may be hard to recover money already paid into the seller's account. The Confederation suggests paying it into a blocked account earmarked for the purchase.

A binding commitment therefore always goes through the notary.

What should you check before buying?

The basic check is the land register extract. Anyone can obtain certain public data: the property description, the owner, the form of ownership, the acquisition date, easements and land charges. The full extract, including mortgages, is reserved for the owner, a written proxy or someone with a legitimate interest.

• Ownership: is the seller really the registered owner?

• Easements and land charges: rights of way, utility lines or views in favour of third parties.

• Mortgages: mortgage rights and mortgage certificates to be cancelled or taken over against the price.

• Condominium ownership (PPP): share, regulations, minutes of owners' meetings and renovation fund.

• Annotations and notes: pre-emption rights, purchase options or registered restrictions.

In Ticino, each extract from the definitive land register costs CHF 20.

How much does it cost and how long does it take?

According to the Confederation, notary and registration fees are normally shared between buyer and seller.

• Notary's fee: Ticino's notarial tariff sets maximum fees in bands based on the price. Up to CHF 250,000 the maximum is 5‰, with a minimum of CHF 500; the rate falls for the higher bands. The notary may charge less.

• Transfer registration fee: 11‰ of the value if below CHF 2,000,000, 13‰ if above. The taxable value cannot be lower than the official property valuation.

• Mortgage for the loan: registering a mortgage certificate costs 7‰ of its value.

There is no fixed timeframe. It depends on the checks, bank financing and any authorisations, such as a Lex Koller permit for some foreign buyers.

What about real estate capital gains tax?

In Ticino, real estate capital gains tax is owed by the seller, not the buyer. The rate falls the longer the property has been held.

The State has a statutory lien over the property sold, which does not need to be entered in the register. The law therefore requires a deposit or bank guarantee from the seller, to be provided within 30 days of the transfer. It is worth checking that the deed deals with this point.

Buying from abroad, or with a permit not exempt from Lex Koller? See the guide “Buying a home in Lugano as a foreigner”.

Frequently asked questions

Can I choose the notary? Yes. In Ticino, notaries act independently. For a property in Ticino, however, the notary must be admitted in the canton.

Does a reservation agreement oblige me to buy? No, because the sale of property requires a public deed. A deposit may be hard to recover, though, so a blocked account is safer.

Who pays real estate capital gains tax? The seller. The buyer should still check that the deed provides for the deposit or guarantee, because the property remains subject to the State's statutory lien.

How we work

Collina d'Oro Consulting SA assists buyers on the legal side. We review the land register extract, the reservation agreement and the draft deed, liaising with the notary. We do not act as estate agents. Tax matters are handled in coordination with licensed tax advisers.

Sources: Confederation – Contracts to buy property or land · Federal Office of Justice – Features of the land register · Canton Ticino – Land register FAQ · Canton Ticino – Notaries Act · Canton Ticino – Notarial Tariff Act · Canton Ticino – Land Register Fees Act · Canton Ticino – Real estate capital gains tax instructions