03 November 2026 — Ramzi Chamat
Editorial update :
Selling a building in Switzerland: AML rules now require an ownership file
Since 1 October 2026, Switzerland’s revised Anti-Money Laundering Act (AMLA) also applies to certain advisers involved in real estate transactions. For sellers and buyers, knowing who really owns a property, and who is buying it, is now part of the sale timeline.
The State Secretariat for International Finance confirms that the revised AMLA and the Act on the Transparency of Legal Entities came into force on 1 October 2026. In an opinion piece published by Bilan, Emanuel von Graffenried (BN Conseils) sums it up: a building’s value is no longer read only in its walls, but also in how clearly its ownership can be shown.
Who is affected?
The law creates a new category of obliged persons: advisers who take part professionally in a real estate transaction. According to MCE Avocats, what matters is the service provided, not the professional title. This may include:
- brokers and transaction advisers;
- property developers advising on a deal;
- lawyers, notaries, fiduciaries and accountants;
- financing advisers and family offices.
An owner selling their own property is not an obliged person in that capacity, but will be asked questions by the professionals assisting them.
What professionals must check
- verify the client’s identity;
- identify the beneficial owner, including through several layers of companies;
- establish the purpose of the transaction;
- document these steps so that a qualified third party can understand them;
- carry out enhanced checks in higher-risk cases: complex structures without apparent economic reason, links to high-risk countries, politically exposed persons, no personal contact or unusual amounts.
Detailed requirements are set by the self-regulatory organisation (SRO) the professional joins, so standards may differ slightly.
Key dates
Item | Date |
|---|---|
Revised AMLA in force | 1 October 2026 |
Due diligence duties, including ongoing mandates | From 1 October 2026, no transition period |
SRO membership application for advisers already active | Before 1 December 2026, according to ARIF |
What it means for sellers
The best offer is no longer just the highest one. A buyer who cannot clearly explain who stands behind their structure may delay or block the signing.
The seller’s structure matters too. A building held through a company, a holding or several partners requires quick proof of who controls the asset and who may sign.
Worked example: selling a company-owned building
A fictitious case: a Geneva rental building is owned by a company, itself held by a holding whose shares are split among three family members. A buyer comes forward through a foreign company. Both sides now need to:
- trace ownership down to individuals;
- provide commercial register extracts, share registers and any shareholder agreements;
- confirm signing powers;
- explain the origin of the buyer’s funds and the purpose of the acquisition.
Prepared from the start, this keeps the sale on track. Gathered only at offer stage, it can stall negotiations for weeks, even when the price is agreed.
Our recommendation: an up-to-date ownership file
Bilan suggests a “transaction passport”. OAKS GROUP recommends preparing, well before any sale:
- a simple ownership chart down to individuals;
- up-to-date articles, register extracts and share register;
- a list of authorised signatories;
- alongside the usual technical file: rent roll, leases, easements, works and permits.
Key takeaways
- Since 1 October 2026, some real estate transaction advisers are subject to AMLA.
- Beneficial owner identification happens during the transaction, not only at signing.
- A clear, documented ownership structure reduces the risk of delays.
Frequently asked questions
Is a private individual selling their flat subject to AMLA?
No, not in that capacity. However, the broker, adviser or notary assisting them may request identification documents and information on the transaction.
Why does my broker ask who owns my company?
Because they must identify the beneficial owner, even behind several companies. An ownership chart and current documents let you answer in days rather than weeks.
Are ongoing transactions affected?
According to MCE Avocats, there is no transition period for due diligence duties: they apply from 1 October 2026, including to ongoing mandates. Only SRO membership has a deadline.
Sources
- Bilan, opinion by Emanuel von Graffenried
- SIF, anti-money laundering: entry into force on 1 October 2026
- MCE Avocats, AMLA revision and real estate
- ARIF, FAQ on new advisers under AMLA
For information only, not legal advice. AI-generated illustration.
