Is real estate legal protection useful in Switzerland?

Table of contents

What are the most common legal disputes in real estate?
How much does real estate legal protection cost?
What does real estate legal protection cover?
What should you take into account?

What are the most common legal disputes in real estate?

Real estate occupied or used by the owner

In the case of real estate occupied by the owner, neighborhood disputes are the most common: they are often triggered by noise pollution such as loud music, children shouting, or lawn mowing on Saturday mornings. Odor pollution caused by a brazier, barbecue, or smelly compost can also lead to legal disputes.

The boundary distances for hedges and trees are also a frequent source of disputes, as they can affect the amount of light and shade on neighboring property and block the view. In addition, large old trees and overhanging branches can pose a risk to people and buildings on neighboring property. Large roots also often damage sidewalks, driveways, terraces, dividing walls, and sewer pipes.

In homeowners' associations or condominiums, the following questions are often a source of conflict:

• How are heating costs allocated?
   
• Based on the value of individual shares (quota) or actual consumption?
   
• How much should be paid into the renovation fund?
   
• What renovation measures are necessary?
   
• What rules apply to common areas such as the garden, forecourts, parking spaces, and laundry room?
   
• Why does the neighbor always make so much noise in their apartment?
   
• Who has the right to party, when, and for how long?

Rented or leased real estate

In the case of rented real estate, conflicts between tenants and landlords are very common. Most of the time, it's a question of money:

• High charges
   
• Rent increases, or requests for rent reductions
   
• The question of who should pay for repairs and maintenance of the property
   
• Defects in the property, such as heating that keeps breaking down
   
• The distinction between damage caused by the tenant and normal wear and tear, as well as the return of the security deposit in tense rental relationships.

In addition to rental disputes related to money, lease terminations are also a source of many conflicts: tenants oppose terminations for personal use or after a change of ownership, while landlords refuse terminations due to procedural irregularities or because they disagree with the proposed new tenant. Of course, disputes can also arise between tenants, who often turn to the landlord or property manager for help.

How much does real estate legal protection cost?

For individuals who use their property for personal purposes

Protekta's private legal protection insurance includes real estate legal protection as standard and costs between CHF 160 and CHF 400 per year. The price depends on the services insured. Important: private legal protection is only sufficient for real estate if you live in or use it yourself.

Protekta is our partner in the field of legal protection and is part of Mobiliar Swiss. Find out in just a few clicks and with no obligation what Protekta's private legal protection would cost in your case. Then take your decision at your leisure.

For companies with real estate that they use themselves

For companies, business legal protection also covers real estate that they use themselves. The price of Protekta's corporate legal protection insurance depends on several factors, such as the company's field of activity and turnover. By clicking on the button below, you can see the insurance premium amount in just a few clicks and with no obligation.

Costs of real estate legal protection for properties not used for personal purposes

If you do not live in or use your real estate yourself, you need additional real estate legal protection. In this case, the costs depend on the type and number of properties. The easiest way is to request a free consultation.

What does real estate legal protection cover?

Real estate legal protection covers the legal areas listed below. Important: In most legal protection insurance policies, landlord legal protection is not included as standard in private legal protection or business legal protection. However, you can take it out as an option.

• Tenancy law and farm tenancy law
• Neighbor law
• Mortgage law
• Right to damages
• Legal protection for building owners
• Public construction law
• Expropriation law

Protekta's JurLine provides you with legal information by phone, even for cases that are not covered by legal protection insurance. For covered legal cases, Protekta will cover all costs necessary to defend your rights, in addition to legal advice. This mainly includes mediation costs, lawyers' fees, any expert opinions, court and procedural costs, and compensation paid to the opposing party.

What should you consider when taking out real estate legal protection insurance?

If you use the property yourself, you are often already covered by your private or professional legal protection insurance. For properties that are rented out or not used by you, a separate real estate module is required. As prices and services vary depending on the property and the provider, it is advisable to seek personal advice.

Important: even if you can use JurLine's telephone legal information service from day one, full coverage of litigation costs usually only begins after a waiting period of three months. If a dispute began before the contract was concluded or during the waiting period, only the telephone legal information service is covered.

In most cases, real estate legal protection cannot be taken out without a waiting period or retroactively.
As real estate disputes almost always involve large sums of money, it is worth taking out legal protection early and for a long period of time. It is like investing a few hundred dollars a year to avoid having to pay several thousand dollars yourself in the event of a dispute.

Make sure that you can choose your legal representative in the event of a dispute and that you are not obliged to use the lawyer proposed by the insurance company. This is particularly important if the other party is insured with the same insurance company (conflict of interest).

As a precaution, you should also check whether your real estate legal protection also covers you against your building insurance or liability insurance in the event of a dispute. This is sometimes excluded by so-called “group clauses” when the various insurance policies belong to the same group.