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LIVING IN SWITZERLAND

What you need to know when taking your clothes off in Switzerland

As you know by now, the Swiss have laws and regulations for pretty much everything — ranging from how to throw away your garbage to how to boil a lobster. But what about nudity? Here's the bare truth.

What you need to know when taking your clothes off in Switzerland
Depending on the municipality where she lives, this may be perfectly legal. Photo: Pixabay

The weather is getting warmer and you may want to shed as much of your clothing as you legally can. But how much skin can you safely bare in Switzerland?

You may be surprised to learn that Switzerland’s, um, penal code does not ban public nudity — as long as it is not indecent.

Interestingly though, the term “indecent” is not clearly defined in the Swiss law, so it is open to interpretation.

Be it as it may, the subject was widely reported in the media in 2009, when residents of Appenzell Innerrhoden complained about people hiking in their mountains, wearing nothing but backpacks and hiking boots.

Their concern had nothing to do with the fact that unclothed hikers took to the mountains in the middle of a cold Alpine winter.

Rather, they disliked that the walkers passed families with children and a Christian rehabilitation facility. 

The case eventually ended up before the cantonal court, which ruled that people should cover up when walking in public places. However, this ruling applies only in Appenzell, not in the rest of the country.

Another example of the liberal attitude that reigns in much of Switzerland regarding nudity has been the Body and Freedom Festival that took place regularly in August in various Swiss cities until 2018.

The festival exposed —  literally — actors performing in the buff in the midst of crowded city streets.

During one such event that took place in Bienne, local officials not only authorised the performance, but also contributed $20,000 of public funds to it.

The only condition they made was that, for safety reasons, naked performers stay clear of traffic, so drivers wouldn’t be distracted.

READ MORE: Naked artists cause stir with Zurich street performances

What about topless bathing in public?

This practice is much more common than walking in the nude (after all, how many naked hikers have you encountered on mountain trails?)

Nothing in the federal law addresses the issue of toplessness; cantons don’t have such legislation either, leaving final decisions in this matter to individual municipalities.

It is perhaps incorrect to say that the vast majority of communes in Switzerland actually authorise topless sunbathing and swimming, but they don’t ban it either.

In fact, there is currently a motion in the parliament (because apparently MPs are not busy enough with more pressing matters) urging Swiss officials to allow toplessness on public beaches.

“Such a topless rule is absolutely necessary in Switzerland”, said Social Democratic MP Tamara Funiciello.  “Women should be able to walk around, swim, and sunbathe as they please”.

Helena Trachsel, head of the Equal Opportunities Office in the canton of Zurich, also believes that toplessness makes sense: “From an equal opportunities perspective, it is clear that the same rules apply to all genders, including women and non-binary people”, she said.

However, Martin Enz, managing director of the Association of Indoor and Outdoor Pools sees no need for action: “If a person discreetly drops their bikini top and does not show off, this is accepted in most outdoor pools. The problem tends to be men who gape”, he noted.

So when and where can you take your clothes off in Switzerland?

What is clear is that you definitely should not walk around naked anywhere in Appenzell.

As far as other cantons and or /municipalities are concerned — whether you want to hike naked in the mountains or swim topless — it’s best to check with your local authorities about what is and is not permitted in your area before you leave your house buck naked.

READ MORE: The 12 strange laws in Switzerland you need to know

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For members

HOUSING

Can a Swiss landlord charge a fee if you renounce to rent an apartment?

Say you signed a registration for a flat in Switzerland, but then changed your mind. What, if any, fees are you liable for if you decide to withdraw your application?

Can a Swiss landlord charge a fee if you renounce to rent an apartment?

In some areas of Switzerland, good and reasonably priced rental properties are difficult to come by, so once you find one, you hold on to it for dear life.

But it can also happen that you change your mind for whatever reason and no longer want to proceed with the rental.

What happens then?

Some rental agencies’ registration forms include a clause stating that if you cancel after a contract has been prepared, you have to pay between 150 and 200 to cover administration costs — even if the contract hasn’t yet been signed.

This is ostensibly for all the time and effort that went into preparing the lease.

If you are unfamiliar with Swiss laws, you may feel a duty to pay these fees, believing that if you don’t, Swiss rental police will knock on your door.

But you can relax: apart from the fact that there’s no such thing in Switzerland as “rental police”, you don’t owe the agency or landlord anything.

That is because registrations and applications of any kind —  including those for rental properties — are non-binding until both parties have signed them. Up to this point, an application can be withdrawn without incurring any costs, even if the agency / landlord have you believe otherwise.

READ MORE: REVEALED: The six major Swiss cities where rents are falling

Why are landlords / rental agencies engaging in this practice?

To be fair, not all of them will attempt to make you pay for failing to sign the lease. Those who do are hoping you don’t know your legal rights, especially if you are a foreigner who (they hope) is still green behind the ears when it comes to rental regulations in Switzerland.

However, according to the official site of canton of Geneva (but this rule applies nationally), some exceptions could be admissible.

If applicants are not acting in “good faith” — for instance, by belatedly expressing their refusal to sign the lease and delaying the rental process while other potential tenants are kept waiting —  the landlord could ask to be compensated.

This is not a clear black-and-white situation though, as “good faith” calls for subjective judgements, ones that the landlord or rental agency could not make unless they have proof that candidates’ actions were dishonest — which is also difficult to prove.

But even in this case, the landlord “could only invoice his actual costs: the costs of drafting the lease contract and sending it out, for example”, according to the Swiss Tenants Association (ASLOCA).

You should also inform yourself about what your landlord can and cannot demand of you.

“You have to remember that just because something is written in the lease doesn’t mean it’s true”, ASLOCA said.

“Lease law is protective of the tenant and takes into consideration that the latter does not necessarily have the possibility or the resources to read and carefully negotiate any clause of his lease”.

If uncertain of what your rights and obligations are, this official government site provides useful information and  resources, including who, in your canton of residence, can help in case of a dispute with your landlord.

READ MORE: Tenant in Switzerland? Here’s how to apply for a rent reduction

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