Wohnrechts

Wohnrecht is a right to live in a dwelling that is owned by another person. It can take the form of a dingliches (real) right, which is entered in the land register and thus binds future owners, or as a personal right based on a contract between the owner and the occupant. The real right is more durable, while a purely contractual right depends on the continuation of the agreement.

A Wohnrecht can be established in several ways: by contract between the owner and the person who will reside in the dwelling, by a disposition upon death (testament or inheritance agreement), or by statutory rules in some cases. It can be granted for a fixed period, for life, or for an indefinite term. If registered in the land register, the right commonly persists beyond a change of ownership, ensuring the occupant can continue to reside there under the terms of the right.

The holder of a Wohnrecht has the authority to reside in the specified dwelling and to use its facilities, subject to the terms of the right and any applicable legal duties. The owner retains ownership and bears overarching responsibilities for title, while the occupant typically cannot freely sublet or transfer the dwelling unless the contract allows it. The Wohnrecht creates a protected occupancy that can affect how the property is used and managed.

Termination of a Wohnrecht depends on its terms: it ends at the expiry of the fixed term or life duration, by mutual agreement, or by statutory grounds if provided. In practice, Wohnrechte are often used in estate planning, in arrangements between generations, or to secure housing for relatives without transferring ownership.