Rs 221.213.221 Order Of 11 February 1987 Concerning The Calculation Of Agricultural Rents (Ordinance On The Rents)

Original Language Title: RS 221.213.221 Ordonnance du 11 février 1987 concernant le calcul des fermages agricoles (Ordonnance sur les fermages)

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221.213.221 order in respect of the calculation of the agricultural rents (Ordinance on the rents) of 11 February 1987 (status as of September 1, 2008) the Swiss federal Council, the art. 36, al. 2, and 40, al. 1, of the Federal law of October 4, 1985 on the lease to farm (Act), stop: Section 1 Bases art. 1. the percentage of the value of yield is calculated at the rate of 3.5%.
The value of performance, the rental value, the space normally required in housing units, clean score of soil and total operating time are defined by the order of 4 October 1993 on the rural land law (ODFR).

New content according to chapter I to the O of oct 25. 1995, in force since Feb 1. 1996 (RO 1995 5150).
New content according to chapter I of O on June 25, 2008, in force since Sept. 1. 2008 (RO 2008 3593).
RS 211.412.110 Section 2 rent for farming article 2 Elements of the highest lawful tenant of an agricultural enterprise rented includes the percentage of the value of performance and compensation for expenses of the lessor.

S. 3percent percentage corresponds to 3.5% of the value of agricultural business performance, buildings and possible permanent crops included.

New content according to chapter I of O on June 25, 2008, in force since Sept. 1. 2008 (RO 2008 3593).

S. 4 compensation of the lessor compensation for expenses of lessor charges includes: a. 85% of the rental value of buildings; (b). Amortization of permanent crops, such as vines and orchards, if the renewal of the facilities is the responsibility of the lessor.

Amortization of permanent crops corresponds to the value of performance facilities (excluding land) divided by the total period in years. The performance value taken into account is that which is valid the first year or at the beginning of the phase of full yield of crops.

New content according to chapter I to the O of 26 nov. 2003, in force since Feb 1. 2004 (RO 2004 303).

S. 5 rent of additional housing units rent of housing units rented in addition to normally required on the farm instead, corresponds to the rent that could be actually obtained, expenses not included accessories.

Section 3 tenant of an agricultural building art. 6 Elements of the lawful tenant rent the highest of a farm building includes: a. the lease of land (arts. 7 and 8); b. Tenant of the arrangements of permanent crops (art. 9); c. Rent of buildings (art. 10).

S. 7 lease of land (wine land and pastures not included) the lawful rent the highest land includes tenant base, corrected taking into account local conditions, as well as possible supplements because of the relationship of the building with the operation itself.
Tenant's base includes the percentage of the value of performance, compensation for expenses of lessor and a supplement to the general benefits of complementary use (art. 38, al. 1 of the Act). It amounts to 9% of the value of output from the land corresponding to the remoteness and access, note 4 in accordance with the annex to the ODFR.
To take account of specific local conditions, i.e. structures and operating conditions prevailing in a region or a part of region, the licensing cantonal authority may reduce or increase the fermage basis up to a maximum of 15%. The reduction or increase applies at each fixing of a tenant in the region or part of the region concerned.
Supplements of 15 per cent more granted because of the relationship of the building with the exploitation (art. 38, al. 2, of the Act), may be added to the rent resulting from the application of the al. 2 and 3, when the building: a. allows the farmer to better consolidate its land; b. Is conveniently located over the exploitation of the farmer, especially if the distance and the difference in altitude between the building and the operation are minimal.

RS 211.412.110 new content according to chapter I to the O of 26 nov. 2003, in force since Feb 1. 2004 (RO 2004 303).

S. 8Fermage of the wine lands the highest lawful rent of viticultural land includes tenant basis corresponding to 6.5% of the value of output from the land, and corrected taking into account local conditions defined in art. 7, al. 3, as well as any supplements granted because of the relationship of these lands with the operation under the conditions mentioned in art. 7, al. 4. new content according to chapter I to the O of 26 nov. 2003, in force since Feb 1. 2004 (RO 2004 303).

S. 9 farming of permanent crops the highest lawful rent for permanent crops, such as vines and orchards, rented separately, includes the lease of land (arts. 7 and 8) and the facilities.
Rent of facilities includes: a. the percentage of the value of performance: this corresponds typically to 4% of the facilities performance averaged over the total operating time; This average varies between 50 and 55% of the value of performance obtained in the first year or at the beginning of the phase of full performance of the cultures.b. The depreciation provided for in art. 4, al. 2, if the renewal of the facilities is the responsibility of the lessor.

New content according to chapter I to the O of 26 nov. 2003, in force since Feb 1. 2004 (RO 2004 303).

S. 10 rent of buildings the highest lawful rent of buildings, evaluates separately, corresponds to their rental value.

S. 11 pastures used for Summering lawful tenant rent the highest pastures used for the grazing includes: a. the rent of land; (b). Rent of buildings (art. 10).

Tenant of land comprises 6.5% of their yield value, base rent and corrected taking into account local conditions defined in art. 7, al. 3, as well as any supplements granted because of the relationship of these lands with the operation under the conditions mentioned in art. 7, al. 4. new content according to chapter I to the O of 26 nov. 2003, in force since Feb 1. 2004 (RO 2004 303).

Section 4 Conditions special s. 12 reduction of rent in the event of additional benefits to the farmer when it is agreed that the farmer to provide other benefits, maintenance for example, and that they exceed what is provided for in the Act, compensation to the lessor charges included in the highest lawful rent shall be reduced in proportion. When it comes to buildings evaluates separately (art. 10), the highest lawful rent can be reduced by 50% maximum.

S. 13 supplement to the more long-term lease where the parties agree to extend the duration of the three-year lease at least beyond the legal extension, a surcharge of 15% to the rents covered by the art. 2 to 12 is allowed for the duration of the extension (art. 41 of the Act).

S. 14 derogation in the case of special conditions where the procedures for calculating defined in arts. 2 to 12 shall not apply, because basic elements for the estimation of the value of performance are lacking, or because of objective conditions, these processes lead to an unfair trial result, it is possible to calculate the rent in another way or correct the result either by increasing or reducing it in a reasonable proportion. The principles set out in arts. 36 to 40 of the Act remain applicable in each case.

Section 5 entry into force art. 15. this order comes into force on February 25, 1987.

RO 1987 406 RS 221.213.2 new content according to chapter I of O of 13 Feb. 1991 (1991 487 RO).

Status as of September 1, 2008