Art. 839 SCC from 2024
Art. 839 a. Registration (1)
1 A tradesman'"s or building contractor’s lien may be recorded in the land register as of the date of his or her undertaking to perform work.
2 Application for such entry must be made within four months of completion of the work.
3 The lien is entered only if the claim has been acknowledged by the owner or confirmed in a court judgment and may not be requested if the owner provides the claimant with adequate security.
4 If the property is indisputably administrative assets and if the owner'"s liability for the debt is not based on contractual obligations, the owner shall be liable to the tradesmen or building contractor for debts that are acknowledged or determined by a court in accordance with the provisions on a debt subject to a simple surety, provided a written claim for the debt making reference to the statutory surety was made against the owner no later than four months after completion of the work.
5 If there is a dispute as to whether immovable property constitutes administrative assets, the tradesman or building contractor may apply for the provisional recording of the lien in the land register no later than four months after completion of the work.
6 If it is held in a court judgment that the immovable property constitutes administrative assets, the provisional recording of the lien must be deleted. It shall be replaced by the statutory surety provided the requirements of paragraph 4 are met. The deadline is met with the provisional recording of the lien.
(1) Amended by No I 1 of the FA of 11 Dec. 2009 (Register Mortgage Certificates and other amendments to Property Law), in force since 1 Jan. 2012 (AS 2011 4637; BBl 2007 5283).Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
