If you want to become a real estate broker in Switzerland after a career abroad, the first finding is good news: there is no federal licence, unlike the state licences brokers hold in the United States. The second is less comfortable: the Code of Obligations lets each canton regulate brokers, and Ticino already requires an authorisation that few foreigners can obtain on their own. Three further questions decide whether a brokerage company succeeds: the founder’s residence status and a Swiss-resident manager, the Lex Koller, which limits what your foreign clients may buy, and a well-drafted brokerage agreement, the only guarantee of your commission. This guide covers them for the entrepreneur who wants to open a company, not for the employee looking for a position.
Contents
- No federal licence, but cantons may legislate
- Ticino: a real estate licence for brokers
- Geneva: a register of brokers under discussion
- Settling in Switzerland as a foreign founder
- The brokerage agreement: when the commission is due
- Your foreign clients and the Lex Koller
- Anti-money laundering: broker yes, adviser no
- Legal form, VAT and accounting
- Costly mistakes
- FAQ
No federal licence to become a real estate broker in Switzerland, but cantons may legislate
Federal law has no licence or professional card for real estate agents. A federal PET diploma for real estate brokers exists (brevet fédéral de courtier en immeubles in French): it certifies training and reassures clients, but it is a condition neither for incorporating the company nor for practising. At federal level, a broker trained in New York, Paris or Madrid can therefore work as a real estate agent in Switzerland without having a diploma recognised.
The nuance lies in one sentence of the Code of Obligations: “The cantons reserve the right to enact special regulations governing stockbrokers, official brokers and employment agencies” (Art. 418 CO). The official French text speaks of “courtiers”, brokers in general. The answer therefore depends on the canton where you will work, and must be checked before you sign a commercial lease. Two cantons show the range.
Ticino: a real estate licence for brokers
In Ticino, the cantonal act on the trust professions (LFid) makes professional real estate trustee work for third parties subject to authorisation (Art. 1). Despite the name, the category expressly covers brokering the sale and exchange of land, alongside letting, property management and the running of real estate developments (Art. 4). For a broker, it is a real estate licence in all but name.
| LFid requirement | What it means for a foreign founder | Article |
|---|---|---|
| Personal authorisation, granted only to a natural person | The company itself receives no licence: one of its officers holds it | Art. 1(2) |
| At least one authorised person working inside the company, with signing authority entered in the commercial register: a managing director in a GmbH (Sagl in Italian), a board member with management responsibility or an executive officer in an AG | The company must bring a licensed person into its management | Art. 6 |
| Recognised qualification and two years of practice in the field in Switzerland | The list covers Swiss qualifications; a foreign qualification can be recognised if it meets the same requirements, possibly after an aptitude test in Swiss law, but the two years of practice in Switzerland remain required | Art. 8 and 11 |
| Excellent reputation and liability insurance | A criminal record extract and an insurance certificate must be provided | Art. 8 |
Source: Ticino act on the trust professions (LFid, RL 11.1.4.1) of 1 December 2009, in force since 1 July 2012.
A foreign broker who arrives in Ticino without two years of practice in Switzerland therefore cannot be the licensed person of their own company, even if their qualification is recognised. They can, however, go into business with a licensed professional who joins the management. A licence holder answers, in principle, for only one company (Art. 6(3)).
Geneva: a register of brokers under discussion
Geneva has no cantonal law on real estate brokerage today. A bill on real estate brokerage (PL 13732, known as LCImm), tabled in the Grand Council on 15 December 2025, would create a public cantonal register, compulsory registration before starting work, and rules on fees, conflicts of interest and client money. It was referred to the housing committee in January 2026 and was not in force on 21 October 2026.
A broker settling in Geneva should follow this file, because it could change the conditions of practice once the company is trading. Elsewhere, check the cantonal rules under Art. 418 CO before you commit.
Settling in Switzerland as a foreign founder
Your right to live and work in Switzerland depends on your nationality. An EU or EFTA national who settles in Switzerland to pursue a self-employed activity receives a residence permit valid for at least five years, provided they show the authorities that they are established, or intend to establish themselves, for that purpose (Agreement on the Free Movement of Persons, AFMP, Annex I, Art. 12).
Other nationals, Americans included, are admitted for self-employment only if their admission serves the country’s economic interests, the business meets the financial and operational requirements, and they have an adequate and independent source of income (Art. 19 of the Foreign Nationals and Integration Act, FNIA). The canton examines each file case by case.
The company, for its part, must be able to be represented by a person resident in Switzerland: a managing director or a manager in a GmbH (Art. 814(3) CO), a board member or an executive officer in an AG (Art. 718(4) CO).
Your real estate brokerage company in Switzerland
A sound structure before your first mandate
Choice of canton and legal form, incorporation and commercial register entry, a resident managing director while you still live abroad, registered address, accounting for your commissions and VAT: My Swiss Company SA incorporates and administers your company from Geneva, Lucerne or Zug.
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The brokerage agreement: when the broker’s commission is due
In Switzerland, a broker is paid on results. The Code defines it: “A brokerage contract is a contract whereby the broker is given the mandate to arrange an opportunity to conclude a contract or to facilitate the conclusion of a contract in exchange for a fee” (Art. 412(1) CO). The decisive rule follows: “The broker’s fee becomes payable as soon as the information he has given or the intermediary activities he has carried out result in the conclusion of the contract” (Art. 413(1) CO).
No sale signed thanks to you means no commission, and your expenses are reimbursed only if the agreement provides for it (Art. 413(3) CO). Four points surprise brokers trained elsewhere:
- Conditional sales: where the sale is concluded subject to a condition precedent, the commission is due only once the condition is met (Art. 413(2) CO).
- Double remuneration: a broker who acts in the other party’s interest in breach of the contract, or obtains a promise of remuneration from that party in bad faith, forfeits both the fee and any reimbursement of expenses (Art. 415 CO).
- Excessive commission: on the purchase of real estate, the court may reduce an excessive fee to an appropriate amount at the request of the party who owes it (Art. 417 CO).
- Exclusivity: the Code does not provide for it; it exists only if your agreement stipulates it, with its duration and its effects.
If no amount was agreed, the tariff applies where one exists, otherwise the customary fee (Art. 414 CO). Write the figure or the formula into the contract rather than rely on custom.
Your foreign clients and the Lex Koller
International clients bring in the Lex Koller, the Federal Act on the Acquisition of Immovable Property in Switzerland by Foreign Non-Residents. Under it, persons abroad need an authorisation from the competent cantonal authority to acquire real estate (Art. 2(1)). The Act covers, among others, EU and EFTA nationals who are not legally and actually resident in Switzerland, nationals of other states who do not have the right to settle permanently in Switzerland, and companies controlled by persons abroad (Art. 5). Buying shares in an unlisted real estate company also counts as an acquisition (Art. 4).
Two exceptions matter for your clients: property that serves as a permanent establishment for a business, such as offices, and a natural person’s main home at their legal and actual place of residence (Art. 2(2)). A foreign buyer who lives in Switzerland can therefore buy their main home without authorisation. A non-resident looking for an investment or a holiday flat is in a different position. Clarify this before you sign a search mandate: a sale that cannot go through earns no commission.
My Swiss Company’s view
Treat your brokerage agreement as your main business asset: a precise description of the property, the amount or calculation method of the commission, exclusivity and duration, reimbursable expenses, and the rule that applies if the sale closes after the mandate has ended with a buyer you introduced. In a dispute, that document, not your diploma, is what the judge will read.
Anti-money laundering: broker yes, adviser no
Since 1 October 2026, the Anti-Money Laundering Act (AMLA) has covered a new category: advisers. These are individuals and companies that, on a professional basis, take part in financial transactions on behalf of third parties, including the organisation of funds, in connection with certain legal transactions, among them the purchase or sale of real estate (Art. 2(3bis) AMLA). The Federal Council’s dispatch on the Transparency of Legal Entities Act spells out the intent: a real estate agent who acts solely as a broker will not be subject to the Act.
Your business model draws the line. As long as you only introduce the parties and negotiate, the AMLA does not apply. If you collect deposits for clients, organise the financing or handle funds linked to the transaction, you become an adviser: identification of the client and the beneficial owner, documentation, and membership of a self-regulatory organisation.
Legal form, VAT and accounting for a brokerage company
A GmbH with CHF 20,000 of fully paid-up capital suits most brokerage companies at launch. An AG, with CHF 100,000 of capital of which at least CHF 50,000 is paid up, makes sense if you bring in partners. To start a real estate agency in Switzerland focused on sales, follow the usual steps set out in our guide to company incorporation in Switzerland.
Your commissions become subject to VAT at the standard rate of 8.1% once your annual turnover reaches CHF 100,000 (Art. 10(2)(a) VAT Act), a threshold that a single large sale can cross. Because the commission is due only when the sale closes, a brokerage company’s cash flow is uneven: keep a reserve that covers several months of fixed costs.
A worked case: a New York broker opens a GmbH in Zug
An American broker, licensed by the State of New York, plans a brokerage company in Zug for international buyers. As a US national, he falls outside the free movement agreement: his admission as a self-employed person rests on Art. 19 FNIA, so his file must show an economic interest for the country, a viable business and an independent income. Until the permit is granted he still lives in New York, so the GmbH appoints a managing director resident in Switzerland from day one (Art. 814(3) CO).
His New York licence plays no part in the incorporation, since Switzerland has no federal licence to recognise; before signing a lease, he checks with the canton of Zug whether it has adopted special rules under Art. 418 CO. His standard brokerage agreement sets the commission, the exclusivity and what happens if a buyer he introduced signs after the mandate ends. Every buyer from abroad gets a Lex Koller check at the first meeting: a client who lives in the United States and wants a pied-à-terre in Zug needs a cantonal authorisation, or may not be eligible at all. He handles no client money and remains a broker, outside the AMLA.
Costly mistakes
- Assuming that the absence of a federal licence holds everywhere: Ticino requires an authorisation, and Geneva is debating a register.
- Working without a written agreement, then having to prove that the sale resulted from your work.
- Getting paid by both parties without this being clear and fair, at the risk of losing the whole commission.
- Accepting a mandate for a non-resident buyer without checking the Lex Koller first.
- Collecting funds for a client without realising that this makes you an adviser under the AMLA.
- Launching the company without a Swiss-resident representative while the founder still lives abroad.
FAQ: becoming a real estate broker in Switzerland
Do you need a licence to be a real estate broker in Switzerland?
Not at federal level, unlike the state licences of the United States. The cantons may, however, regulate brokers (Art. 418 CO). Ticino makes the activity subject to a real estate trustee authorisation, and Geneva is examining a bill for a register of brokers that is not yet in force.
Can a foreign real estate agent work in Switzerland?
Yes, but the route depends on nationality. An EU or EFTA national can settle in Switzerland as a self-employed person and obtain a residence permit of at least five years by proving that establishment. Nationals of other countries, such as the United States, need a cantonal admission under Art. 19 FNIA. No foreign licence is required, and the company must in every case have a representative resident in Switzerland.
When is the broker’s commission due?
As soon as the broker’s information or negotiation results in the conclusion of the contract (Art. 413(1) CO). If the sale is concluded subject to a condition precedent, the commission is due only once the condition is met. Expenses are reimbursed without a sale only if the agreement provides for it.
Can foreigners buy property through a Swiss broker?
It depends on where they live and on the property. Persons abroad need a cantonal authorisation under the Lex Koller (Art. 2 of the Act), except for property used as a permanent establishment for a business or for a main home at their legal and actual place of residence in Switzerland. The broker should check this before accepting the mandate.
Are real estate brokers subject to Swiss anti-money laundering law?
Not if they act solely as brokers, according to the Federal Council’s dispatch. They become subject to it if they take part in the financial side of a purchase or sale on behalf of clients, for example by organising the funds (Art. 2(3bis) AMLA). They must then meet due diligence obligations and join a self-regulatory organisation.
Which legal form suits a brokerage company?
A GmbH, with CHF 20,000 of fully paid-up capital, suits most companies at launch. An AG, with CHF 100,000 of capital of which at least CHF 50,000 is paid up, makes sense when partners join. In both cases, a representative resident in Switzerland is mandatory.
Sources
- Swiss Code of Obligations (CO), SR 220, Art. 412 to 418, 718 and 814
- Ticino, cantonal act on the trust professions (LFid), RL 11.1.4.1 (Italian)
- Grand Council of Geneva, bill PL 13732 on real estate brokerage (LCImm), tabled on 15 December 2025 (French)
- Federal Act on the Acquisition of Immovable Property in Switzerland by Foreign Non-Residents (Lex Koller), SR 211.412.41
- Anti-Money Laundering Act (AMLA), SR 955.0, Art. 2
- Agreement on the Free Movement of Persons (AFMP), SR 0.142.112.681, Annex I (French)
- Foreign Nationals and Integration Act (FNIA), SR 142.20, Art. 19
- Value Added Tax Act, SR 641.20, Art. 10
- orientation.ch, real estate broker with federal PET diploma (French)
Conclusion
To become a real estate broker in Switzerland from abroad, you need no federal licence, but you do need four checks: the rules of your canton, with Ticino’s authorisation and Geneva’s pending bill, the founder’s residence and a Swiss-resident representative, the Lex Koller status of your foreign clients, and a brokerage agreement that protects your commission. Stay a broker rather than a handler of client funds, and the AMLA stays out of your business. My Swiss Company, a Swiss Corporate Services Provider in Geneva, Lucerne and Zug, incorporates and administers companies for entrepreneurs from more than 20 countries, from the choice of canton to the accounting of their commissions.
