Abstract
This article attempts to analyse the basis for the installation and operation of photovoltaic systems in Switzerland in light of the applicable provisions of the Civil Code (ZGB). Given the dynamic development of the renewable energy sector and the limited availability of investment space, legal structures enabling the use of third-party real estate for energy purposes are becoming particularly important. The aim of the article is to verify the usefulness of limited property rights, in particular easements, for the legal protection of investments in renewable energy sources, the installation and operation of renewable energy equipment in Switzerland. In the course of her considerations, the author presents a system of limited property rights in Swiss law, with particular emphasis on personal easements and building rights, and discusses their application in the practice of photovoltaic investments. The article discusses the duality of cantonal practice – the so-called Bernese approach, which prefers building rights (Baurecht), and the Basel approach, based on ‘other easements’ within the meaning of Article 781 of the Swiss Civil Code (ZGB). Attention is drawn to the issue of the permanence and transferability of these rights and their importance for the financing of investments.