Rs 221.213.151 Order Of 31 January 1996 On The Contracts Of Leases And Their General Force Mandatory Reporting (Ocbd)

Original Language Title: RS 221.213.151 Ordonnance du 31 janvier 1996 sur les contrats-cadres de baux à loyer et leur déclaration de force obligatoire générale (OCBD)

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221.213.151 order on contracts of leases and their reportable force General (OCBD) of 31 January 1996 (status on April 1, 1996) the Swiss federal Council, paragraph section 3, 5, and 16 of the Federal law of 23 June 1995 on contracts of leases and their statement of power required General (law), stop : Section 1: General art. 1. the contract of leases apply to all objects rented from the scope of application the place, unless there are other provisions.
The scope of application material may be limited to certain categories of items rented in a framework contract of leases. Leased objects, for similar use, can be grouped into categories; including admitted categories: a. housing; b. housing was the subject of incentives of Governments; c. all homes with rental depends on other legal relationships between the contracting parties, case of cooperative housing, the housing service and housing leased jointly to an offer of service; d. furniture housing; e. the accommodations; e. commercial premises particularly local craft, of offices, premises of the services sector, hospitality and catering, and industrial buildings.

Section 2: Notwithstanding any mandatory provisions art. 2 authorization to derogate from the request for authorisation to derogate from mandatory provisions is to present to the federal Office of housing (Office).
Applicants must present their request accompanied by: a. statutes; b. the evidence that they represent the minimum legal donors or tenants; c. the evidence that they are defending the interests of donors and the tenants for ten years at least to content of their statutes; d. the other evidence which will monitor the conditions are met.

When it comes to a regional agreement of leases, the parties must also provide evidence that the scope of application the place has at least 30,000 homes or 10 000 commercial premises (arts. 1, 2. al, letter c, of the law).
The Agency examines Office if other legal requirements are met.

Art. 3 consultation of the cantons the application must be submitted to the cantons concerned for an opinion. The consultation period is 30 days at least.

Art. 4 decision of the federal Council, the federal Council makes a decision on the request.
Its decision will be motivated and immediately notified to the contracting parties.
The authorization comes into force 30 days after the notification.

Art. 5 monitoring the Agency periodically control the criteria that led to approval are always filled.
When these criteria are no longer met or that they no longer only partially, the federal Council may cancel the authorization after consultation with the cantons concerned and the contracting parties, or modify it if the parties agree.
Article 4, paragraphs 2 and 3, shall apply by analogy.

Section 3: General binding Declaration art. 6 presentation of the declaration of binding query request must be submitted to the agency or the competent cantonal authority. It must meet the requirements set out in article 8 of the Act and be accompanied by the evidence referred to in article 2.
The competent authority reviews Office if the conditions laid down in article 6 of the Act are met and it applies the procedure.

Art. 7 period of validity of a general force mandatory declaration the competent authority published in full the General force mandatory declaration (art. 11 of the law) will enter into force 30 days as soon as possible after publication. The cantons are allowed to bring into force General force mandatory reporting that when the Federal Government approved it.
If the competent authority revokes General force mandatory reporting (art. 12, 4 al., of the Act) or repeals it (art. 14, 1 al., of the Act), related decision comes into effect at the earliest 30 days after.
If the duration of validity of a power required General expires (art. 14, 2 al., of the Act), the expiration should be published at the latest 30 days before.
The competent authority periodically control the General force mandatory reporting criteria are always filled.

Section 4: Entry into force art. 8. this order comes into force on March 1, 1996.

RO 1996 756 RS 221.213.15 State 11. July 2006

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