Key Benefits:
On 31 January 1996 (State 1 R April 1996)
The Swiss Federal Council,
Having regard to Article 3, 5 E Paragraph, and 16 of the Federal Act of June 23, 1995 1 On the framework contracts for rent leases and their declaration of general binding force (law),
Stops:
1 The rent-to-rent framework contract applies to all objects leased from the scope of application because of the location, unless it provides for other provisions.
2 The scope of the subject matter may be limited to certain categories of objects leased in a rent-to-rent framework contract. Leased objects, intended for similar use, can be grouped into categories, including the following categories:
1 The request for leave to derogate from mandatory provisions shall be submitted to the Federal Housing Agency (Office).
2 Applicants must submit their applications together with:
3 In the case of a regional rent-to-rent contract, the parties will also be required to provide evidence that the site has at least 30,000 units or 10,000 commercial premises (art. 1 Er , 2 E Et al. C, of the Act).
4 The Office shall ex officio examine whether the other legal requirements are fulfilled.
The request shall be submitted to the cantons concerned for an opinion. The consultation period shall be at least 30 days.
1 The Federal Council makes a decision on the request.
2 Its decision shall be reasoned and immediately notified to the Contracting Parties.
3 The authorisation shall enter into force 30 days after notification.
1 The Office periodically checks that the criteria giving rise to the authorisation are still being met.
2 Where these criteria are no longer fulfilled or are more than partially met, the Federal Council may cancel the authorisation after consulting the cantons concerned and the contracting parties or amending it if the parties agree.
3 Article 4, 2 E And 3 E Paragraphs, shall apply mutatis mutandis.
1 The request for mandatory declaration of force shall be submitted to the Office or to the competent cantonal authority. It must meet the requirements set out in section 8 of the Act and be accompanied by the evidence referred to in section 2.
2 The competent authority shall examine ex officio whether the conditions laid down in Article 6 of the Law are fulfilled and apply the procedure laid down.
1 The competent authority shall publish the declaration of general binding force in its entirety (Art. 11 of the Act), which will enter into force 30 days after its publication. The cantons are only allowed to bring the declaration of general binding force into force when the Confederation has approved it.
2 If the competent authority revos the declaration of general binding force (art. 12, 4 E Of the law) or repeals it (art. 14, 1 Er Of the law), the relevant decision shall enter into force at the earliest 30 days thereafter.
3 If the period of validity of a general binding declaration expires (Art. 14, 2 E Al., of the law), the said expiry shall be published no later than 30 days before.
4 The competent authority shall periodically check that the criteria of the general mandatory declaration of force are still fulfilled.
1 RS 221.213.15