Bern, January 14, 2026 — Starting in mid-2026, property owners will have new options to act more quickly and effectively in cases of unlawful occupation. The amendment notably strengthens the right of repossession. The new injunction mechanism will also make it easier to take action against an unspecified group of people. At its meeting on January 14, 2025, the Federal Council set July1, 2026, as the effective date for the amendment to the Civil Code.
Current law provides property owners with various means of regaining possession of their property in the event of unlawful occupation, though this is not without difficulties in practice. Often, the police will not evict occupants from a building unless a court orders it, which is not without procedural hurdles, since an eviction order can only be issued against individuals whose identities are known. Finally, owners can exercise their right to repossession only immediately after the occupation begins.
In its message dated December 15, 2023, the Federal Council proposed amendments to the Civil Code (CC) and the Civil Procedure Code (CPC) aimed at improving the legal situation of property owners facing unlawful occupation. Parliament adopted the bill in a final vote on June 20, 2025, and the referendum period has now expired. The Federal Council has set July1, 2026, as the effective date for the amendments to the CC and the CPC.
The adopted amendments strengthen, in particular, the right of repossession. The statutory time limit available to possessors to regain possession of the unlawfully occupied property has been adjusted. It will begin to run from the moment the possessor becomes aware of the unlawful occupation. The right to repossession no longer must be exercised immediately, but within a reasonable period of time after becoming aware of the unlawful occupation and, in any case, provided that the intervention of the authorities could not be obtained in time.
There are also plans to remove procedural obstacles to enable property owners to obtain a forced eviction from the building more quickly. Landlords will be able to request a court order against an unspecified group of people, as is already the case with a general ban on entry. Upon the judge’s order, the injunction may be enforced directly.
Partial source: news.admin.ch
