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RS 843.1 Order of 30 November 1981 on Federal Law Promoting Construction and Home Ownership (OLCAP)

Original Language Title: RS 843.1 Ordonnance du 30 novembre 1981 relative à la loi fédérale encourageant la construction et l’accession à la propriété de logements (OLCAP)

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843.1

Federal Law Ordinance encouraging the construction and ownership of housing

(OLCAP) 1

30 November 1981 (State 1 Er January 2013)

The Swiss Federal Council,

See art. 67 of the Federal Act of 4 October 1974 encouraging the construction and ownership of housing 2 (law),

Stops:

Title 1 Encouraging the construction of housing in general

Chapter 1 3 Equipment

Art. 1 1 Landowner Equipment Contributions

1 At least all landowners support:

A.
30 per cent of the costs of general equipment installations;
B.
70 per cent of the costs of connection facilities.

2 Where installations are both general and connecting equipment, the share of the cost to the owners shall be calculated, for each category of equipment, according to the proportion that it represents in all the Facilities.

3 The cantons may assimilate to the equipment contributions the charges for connection to general equipment installations, provided that these fees are paid within three years from the completion of the equipment installations.

4 The cantons may waive the requirement for all or part of the equipment contributions for power and water installations, provided that the land owner proves that the operation of the facilities covers both costs Operation and equipment costs.


1 Introduced by ch. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. 1 A 1 Case of rigor

If the payment of a contribution within the time limit was to result in undue economic hardship for the debtor, the debtor may, upon request, obtain a stay of the master of the work.


1 Introduced by ch. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. 1 B 1 Agricultural furniture

The cantons may carry forward for a fixed period the deadline for contributions relating to unbuilt land which is part of an agricultural field operated.


1 Introduced by ch. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Chapter 2 4 Equipment Assistance

Art. 2 1 Nature and purpose of the aid

In order to encourage the construction of housing, the Confederation provides and guarantees loans for the equipment of land for the construction of housing; it also participates in the service of interest.


1 Formerly art. 1.

Art. 3 1 Beneficiaries of Assistance

1 The beneficiaries of the aid are the municipalities, other public law communities and legally independent undertakings which, by virtue of public law obligations, equip land for the construction of housing.

2 Assistance may be granted to owners of the work and to organisations dealing with the construction of housing if they have undertaken to equip land under public law requirements or with the approval of the Competent authorities.


1 Formerly art. 2.

Art. 4 1 Account Incoming Installations

1 The Confederation granted its assistance to the equipment installations on which the construction of the buildings depended and the granting of the authorisation to build.

2 Facilities include:

A.
Roads, roads and related facilities;
B.
Distribution facilities, including pipelines and ancillary facilities for power supply (electricity, gas, etc.) and water, as well as for the disposal of waste water.

1 Formerly art. 3.

Art. 4 A 1 Interest in Interest and Amortization of Bonding Loan Guarantees

1 Upon approval of the final count, the Confederation makes a one-time payment in respect of its interest in the service. Where the loan has an interest of 5 per cent, it shall be 12.5 per cent of the amount of the final count for equipment facilities eligible for the grant. With each change of 0.5 per cent of the interest rate, participation is adjusted in proportion.

2 Bonding loans are generally granted for twenty years from the time the amount was paid in full. For important reasons, the Federal Housing Office (the Office) may extend the term of the bond by five years.

3 The contributions of the Confederation, the cantons and the third parties (land owners) must be used for the partial repayment of the loans.

4 The balance of the guaranteed loan must not be amortized for the first five years. After this period, it will be refunded until the end of the term of the loan by an equal amount.


1 Formerly art. 4.

Chapter 3 5 Acquisition of field reserves

Art. 5 Conditions

1 Assistance is provided, as an interest in land acquisition costs, for land in areas to be built for the construction of housing. Assistance in respect of land acquisition costs may be granted in exceptional cases for land not yet allocated to an area to be built, if the competent authorities ensure that they are in due course.

2 Assistance will generally be granted only if it appears that new housing will be required in the region over the next ten years.

Art. 6 Depreciation and interest

1 Depreciation may be delayed until construction begins.

2 The loans bear interest at the usual rates prevailing on the market.

Art. 7 Observation of established objectives

1 The Office shall ensure that the security measures adopted in Art. 24 of the Act are observed. In particular, it regulates the exercise of the rights of emption and preemption provided for by law and the assignment of such rights.

2 The Office may, after hearing the cantonal authorities, waive the right of refusal if there are significant reasons for it.

Chapter 4 6 Study of the housing and construction market, research and rationalization in construction

Art. 8 Coordination

1 In so far as the research concerns the study of the housing and construction market as well as construction, the Office coordinates it, taking into account the needs of the other services of the Confederation, the cantons, the municipalities, the universities, the High schools, higher technical education institutions and the construction industry.

2 The Office may encourage measures to coordinate and centralise information resulting from the study of the housing and construction market, as well as research on construction; this documentation must be accessible To the public.

Art. Research Program

1 For the study of the housing and construction market as well as for research on construction, systematic research programmes should be established within the limits of a general plan based on Swiss policy in the field of construction. Search. These programs must be established for a period of three to five years; their content will be specified in such a way that it is possible to assess the extent to which they meet the objectives of the Act.

2 A priority order will be established for the conduct of research programmes. Priority must be given to research projects that best achieve the legislated objectives over the life of the program.

3 Research programmes are submitted to the Federal Department of Economics, Training and Research (DEFR) 1 For approval. 2

4 ... 3


1 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
2 New content according to the c. I of the O of 22 Nov 2000, in force since 1 Er Jan 2001 ( RO 2000 2924 ).
3 Repealed by c. I of the O of 22 Nov 2000, with effect from 1 Er Jan 2001 ( RO 2000 2924 ).

Art. 10 Granting help

1 The Office shall decide on terms of reference and requests where the sum of the mandate or grant does not exceed FF 300 000; in any other case, the Office shall forward them with its proposal to the DEFR for decision.

2 Requests will be accompanied by all relevant documents, including the work plan and schedule, a quote and a description of the method of work. In addition, the proof must be provided by qualified persons that the work is carried out under the usual conditions.

Art. 11 Control and obligation to inform

1 Recipients of grants and agents shall at all times allow the Office to consult their books to the extent that the accounts are in relation to grants or research mandates. The Office may require interim reports on the status of the work.

2 All information necessary for the study of the housing and construction market, as well as construction research, should be provided to the Office. The confidentiality of any information must be respected.

Art. 12 Publication of research results

1 The principal or agency conducting the research must ensure that the results of the research are available free of charge to all concerned.

2 The Office shall decide whether to publish the results of the research. 1

3 As a general rule, the Confederation is responsible for publishing the results of research carried out on warrant.

4 The costs of publishing particularly important research by third parties may be borne by the Confederation, up to a maximum of 40 %.


1 New content according to the c. I of the O of 22 Nov 2000, in force since 1 Er Jan 2001 ( RO 2000 2924 ).

Title 2 Encouraging the construction of housing in particular

Chapter 1 Measures to reduce rents

Section 1 General provisions

Art. 13 Principle

1 Assistance with funding under s. 36, and advances under s. 37 of the Act constitute the basic lowering; the cash advances lost, in accordance with Art. 42 of the Act, further reductions.

2 In the case of renovations of old buildings, assistance with funding, advances and cash advances may be granted separately or jointly. The rent should not be less than it was before the renovation. 1


1 Introduced by ch. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).

Art. 14 Beneficiaries of Assistance

The beneficiaries of the aid are the owners of the rental properties or the persons entitled to do construction work.

Art. 15 Set Assignment Change

1 There is a change of assignment within the meaning of s. 46 of the Act when a dwelling is used for purposes other than housing or when it is used as a secondary residence.

2 Tenants or persons living with them in a common household have the right to exceptionally use parts of the dwelling to carry on a professional activity, provided that the premises used for those purposes do not cover more than one Third of the net habitable surface.

Art. 16 Exercise of the legal right of emption and pre-emption

1 The Office may decide to exercise or assign the legal right of emption or pre-emption when the accommodation changes.

2 The Office may, after hearing the cantonal authorities, waive the right of refusal if there are significant reasons for it.

Art. 17 Rent Monitoring

1 Under s. 45 of the law, the Office exercises, if possible with the assistance of the cantons, the monitoring of rents that have been reduced.

2 The owner is required to communicate in writing to the lessee the rents approved by the Office in accordance with the financing plan.

3 In the event of an overrun of approved rents, or an assignment change, a three-month period is available to the landlord to reimburse tenants for overpayments. The Office will require, for the benefit of tenants, the reimbursement of these amounts, including interest calculated at the rates applicable to second-tier mortgages.

Art. 17 A 1 Legal protection of tenants

Tenants may have their rent or rent adjustments controlled by the Office. This control is carried out by way of simple and free procedure.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. 18 1 Mutations

1 Any transfer of ownership of a housing financed through federal assistance requires the approval of the Office. The latter shall give it if the new owner undertakes in writing to resume the contract of public law provided for by the law, and the debt relating to the advances accruing under the basic drawdown and to respect the rental plan and the plan of Funding. Mandatory approval and recovery of the debt may be mentioned in the Land Registry.

2 A transfer of ownership is a change of ownership, due in particular to the purchase, the acquisition of the auction, the exchange, the donation, the estate division and the judicial allocation.

3 In the case of a judicial award, para. 1 shall apply mutatis mutandis.

4 For people who have their homes or their headquarters abroad, the funding must be guaranteed without the guarantee of Confederation.


1 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420 1643).

Art. 18 A 1 Force Realization

1 In the case of a forced realization of a building, the conditions of the auctioning must include a clause stating that the purchaser will compulsorily resume the rights and obligations under the law, and that he must, immediately after The award, declare in writing to the authority that it takes over the contract of public law provided for by law.

2 In duly substantiated cases, the Office may, within the 30-day period, refuse to give the approval referred to in Art. 18 and order the prosecuting authority to proceed to a new auction.

3 In the case of sale of a willing seller in the context of a forced realization, the s. 1 and 2 shall apply mutatis mutandis.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420 1643).

Art. 19 Partial Use of Federal Assistance

Banks, surety cooperatives, public authorities or other third parties may take charge of loans and advances to lower initial rents. The further reduction may also be requested in these cases.

Art. 19 A 1 Partial Use of Federal Assistance in Renovations of Old Construction

1 In the case of renovations of old buildings, the waiver of federal assistance may occur at the end of a ten-year period.

2 Waiver is granted when the owner has vacated the bond and has repaid any advances, including interest.


1 Introduced by ch. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).

Art. 19 B 1 Renovation in case of non-demand for basic lowering

The Office may, in the case of fixing rents after renovation, declare applicable s. 14 of the order of May 9, 1990, on the rental lease and the on-farm lease of residential and commercial premises 2 , and the criteria of s. 269 A , let. B, d, e and f, of the code of obligations 3 When it comes to making adjustments to subsequent rent.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420 1643).
2 RS 221.213.11
3 RS 220

Art. 19 C 1 Cost Limits for Renovations

Federal aid shall not be granted if the cost of renovation does not exceed 50 000 francs per dwelling. At least half of the costs must correspond to improvements leading to added value.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Section 2 Basic subsidence

Art. Credits to Construction

The construction credits required for the duration of the work are also considered to be loans within the meaning of s. 36 of the Act.

Art. Rent Plan and Funding Plan

1 The rent plan and the financing plan shall be established for twenty-five years in such a way that, during this period, all the expenses of the owner may be covered, the advances repaid, interest included, and 30 per cent to the most Amortized investment costs.

2 The initial lower rent shall be fixed in such a way that the conditions laid down in para. 1 may, as a general rule, be completed in twenty-five years, taking into account an annual increase in rents.

3 The increases in the rent plan and financing plan may be adapted to market conditions by the Office. 1

4 Where circumstances warrant, the rental plan and the financing plan may be extended as a general rule of five years. Thereafter, the advances and interests still owed are assumed by the owner or, if necessary, by the Confederation. This will be done by taking into account the specific market conditions and the particular circumstances of the owner. 2

4bis The Confederation may, before the expiry of the 30-year period, remit any or all of the advances and interest owed in the following cases:

A.
If, due to market conditions, the recipient of federal assistance is clearly not in a position to meet its financial obligations within 30 years and, overall, a discount is financially beneficial to the Confederation. In this respect, the following must be taken into account:
1.
Rents collected in relation to the rent plan,
2.
The remaining time for the debt under the basic drawdown,
3.
The number of vacant dwellings in the municipality where the accommodation is located,
4.
The need for renovation,
5.
Comparative rents,
6.
Potential remittances from funding partners as part of remediation agreements;
B.
As part of a forced realization, provided that other stakeholders take action to reduce losses. 3

5 The benefits of the cantons, municipalities and other third parties can contribute to further lowering without reducing federal aid. 4


1 Introduced by ch. I of the O of 21 Nov 1990 (RO 1990 1851). New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
2 Formerly al. 3. New content according to c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
3 Introduced by ch. I of the O of March 12, 2004, in force since 1 Er April 2004 ( RO 2004 1597 ).
4 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. A 1 Reduction of rents

If market conditions require it or if there are serious rental difficulties, rents may be temporarily reduced with the approval of the Office. In duly motivated cases, the rent reductions can be offset by additional advances.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. Rent Losses

1 Losses of rent which extend over a period not exceeding six months shall, as a general rule, be borne by the owners.

2 If there is evidence that accommodation remains vacant without the fault of the owner, the Confederation may cover the loss of rent by advances from the seventh month. These advances shall bear interest at the same rate as the advances made in respect of the base reduction and shall be repaid no later than the maturity of the rental plan and the financing plan. In determining the amount and duration of the advances, account shall be taken of the particular situation of the lessor. 1


1 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. Interest

1 The interest of the borrowed capital shall not exceed the usual market rates.

2 Interest on own-invested capital may be the same as first-tier mortgages. 1


1 New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. 24 Maintenance and administration costs

1 The rent plan and the financing plan will reserve a certain percentage of the investment costs to cover maintenance and administration costs.

2 To the extent that they are not used to supply the renovation fund or the voluntary reserves, the means for maintenance must be used for additional depreciation. 1


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. 25 Incidental expenses

1 The incidental expenses will be counted separately to the tenants, depending on the expenses incurred. These are all costs associated with the use of the leased building, including public contributions.

2 In particular are considered incidental expenses, in addition to those mentioned in s. 38 of the Act, fees for:

A.
Cleaning up the stairs;
B.
The connection of radio and television;
C.
Bonding cooperatives' premiums;

As well as operating expenses for:

D.
Heating and hot water;
E.
Common facilities;
F.
Elevators.

3 With the authorisation of the Office, a lump sum may be taken into account for certain headings; ancillary fees may be recovered each month in advance.

Art. 26 Habitants

The owner can rent to any one of the housing units whose rent benefits from a basic lowering.

Section 3 Additional cash payments

Art. 27 Extent of Supplementary Refunds I and II

1 The amount of money lost annually rises to 0.6 per cent of the investment costs for further drawdown I and 1.2 per cent for further reduction II.

2 As a general rule, additional drawdown I was granted for the first fifteen years of federal assistance. The duration of the grant of additional drawdown I may be extended for a further six years. 1

3 As a general rule, additional drawdown II is granted over the 25-year period of federal assistance. 2

4 The annual increase of up to 0.6 % of the cost of return may be made for eleven years for further drawdown I and for 25 years for further drawdown II if the canton or the commune makes a payment to the fund Lost at least equal or provides an equivalent contribution. 3

5 In place of the canton or the municipality, other public law communities, foundations and public utility organisations may make contributions to the funds lost or provide contributions. 4


1 Introduced by ch. I of the O of 22 Dec. 1986 (RO 1987 88). New content according to c. I of the O of March 12, 2004, in force since 1 Er April 2004 (RO 2004 1597).
2 Introduced by ch. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).
3 Introduced by ch. I of the O of 21 Nov 1990 (RO 1990 1851). New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
4 Introduced by ch. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).

Art. 27 A 1 Beneficiaries of additional reductions I and II

1 Additional drawdown I is granted to single persons, families and housing communities that do not fall under para. 2.

2 Additional drawdown II is granted to seniors, invalids, persons requiring care, health care staff, and persons undergoing training.


1 Introduced by ch. I of the O of 22 Dec. 1986 (RO 1987 88). New content according to c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. 27 B 1 Occupancy of Housing

1 Additional drawdown I shall be paid for dwellings with a maximum of two pieces more than the number of occupants.

2 Additional drawdown II shall be paid for accommodation with a maximum of one room more than the number of occupants. Households with a minor child may occupy a dwelling which includes a maximum of two rooms more than the number of occupants.

3 The accommodation of three rooms or less is not subject to the occupancy requirements.


1 Introduced by ch. I of the O of March 25, 1998 (RO 1998 1420 1643). New content according to the c. I of the O of 22 Nov 2000, in force since 1 Er Jan 2001 (RO) 2000 2924).

Art. 28 1 Income Limits

1 Additional reductions are granted for homes occupied by persons whose total taxable income in accordance with the Federal Direct Tax Act of December 14, 1990 2 Does not exceed 50,000 francs. 3

2 The threshold amount is based on a tax certificate issued by the recipient of the further reduction. If the income has changed significantly since the last taxation, the beneficiary must provide proof of this.

3 For each minor child or who is trained and who is in charge of the family or a single person, the limit shall be raised by 2500 francs. 4

3bis For tenants under lease, the income limit is increased by 10 %. 5

3ter The taxable income of persons undergoing training in the household is not taken into account until the age of 25. 6

4 DEFR can periodically adjust the income limit and supplement per child according to the housing market, mortgage interest rates, the rent cost index or the construction cost index. The Office can adapt the bases of calculation according to the amendments of the Federal Law on Direct Federal Tax. 7

5 Where the taxable income in respect of direct federal tax exceeds the limit set out in para. 1, 3, and 3 Bis , further reductions may be granted on the basis of cantonal or communal income requirements if the canton or the municipality provides a comparable contribution. 8


1 New content according to the c. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).
2 RS 642.11
3 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
4 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
5 Introduced by ch. I of the O of 22 Nov 2000 ( RO 2000 2924 ). New content according to the c. I of the O of March 12, 2004, in force since 1 Er April 2004 (RO 2004 1597).
6 Introduced by ch. I of the O of March 12, 2004, in force since 1 Er April 2004 ( RO 2004 1597 ).
7 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
8 New content according to the c. I of the O of March 12, 2004, in force since 1 Er April 2004 ( RO 2004 1597 ).

Art. 1 Capital Limits

1 Additional reductions shall be granted for dwellings occupied by persons whose total capital after deduction of debts whose existence is proven does not exceed 144,000 francs. 2

2 For each minor child or who is undergoing training and who is dependent on the family or a single person, the limit is raised by 16,900 francs. 3

2bis For tenants under lease, the capital limit is increased by 10 %. 4

3 If the wealth of elderly, disabled or persons requiring care exceeds the wealth limit, 1/10 E The surplus is considered to be income. 5

4 DEFR adjusts the wealth limit and the supplement per child in the same proportion as the income limit.

5 Where capital exceeds the limit set by paras. 1, 2, and 2 Bis , further reductions may be granted on the basis of cantonal or communal requirements on capital if the canton or the municipality provides a comparable contribution. 6


1 New content according to the c. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).
2 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420 1643).
3 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
4 Introduced by ch. I of the O of March 12, 2004, in force since 1 Er April 2004 ( RO 2004 1597 ).
5 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420). See also disp. End. Of this mod. At the end of the text.
6 New content according to the c. I of the O of March 12, 2004, in force since 1 Er April 2004 ( RO 2004 1597 ).

Art. Personal Conditions

1 Those who are entitled to an old-age pension under the Federal Act of 20 December 1946 on old-age and survivors' insurance are deemed to be elderly persons 1 .

2 Persons under the Disability Insurance Act of June 19, 1959, are deemed to be disabled. 2 , of the Federal Act of 13 June 1911 on Insurance in the Case of Illness and Accidents 3 , or the Federal Act of 20 September 1949 on military insurance 4 Are entitled to a disability pension of at least 50 %.

3 Deemed persons who require the care of those who are in constant need of third party assistance and must have specially furnished accommodation.

4 Deemed personal care is provided to persons who have a common household with the elderly person, who is disabled or to be treated, or who is living in a home made available by that person, for the purpose of providing regular home care.

5 Deemed persons receiving training who demonstrate that they are learning, attend a professional development school, an upper middle school, a high school or university, and the costs of training Cannot be assumed either by themselves or by their parents.

6 Any other person whose maintenance is provided by the family or the person alone shall be assimilated to children, other than the spouse. 5


1 RS 831.10
2 RS 831.20
3 [RS 8 283; 1959 888, 1964 961, 1968 66, 1971 1461 hp. II art. 6 hp. 2 disp. End. And trans. Tit. X, 1977 2249 ch. I 611, 1978 1836 Annex c. 4, 1982 196 1676 Annex c. 1 2184 art. 114, 1990 1091, 1991 362 ch. II 412, 1992 288 Annex c. 37, 1995 511. RO 1985 1328 Annex c. 1]. Currently "LF of 18 March 1994 on Medicare". See also the PMQ of 20 March 1981 on accident insurance (RS 832.20 ).
4 [RO 1949 1775, 1956 815, 1959 316, 1964 245 hp. I, II, 1968 588, 1972 Art. 15 hp. 1, 1978 1836 Annex c. 4, 1982 2184 art. 114, 1990 1882 appendix c. 9, 1991 362 ch. II 414. RO 1993 3043 Annex, c. 1]. See the June 19, 1992 PMQ on Military Insurance (RS 833.1 ).
5 Introduced by ch. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. 1 Controls

1 After each new taxation of direct federal taxation, recipients of further reductions shall ensure that the Contribution Administration notifies the competent authority of the canton of their new income and Fortune. 2

2 The Office shall monitor, with the assistance of the cantons and the municipalities, whether it is justified to grant an additional reduction. ... 3 . 4


1 New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).
2 RO 1987 436 520
3 Phrase repealed by c. I of the O of 25 March 1998, with effect from 1 Er Jul. 1998 (RO 1998 1420).
4 New content according to the c. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).

Art. A 1 Additional Disbursements Payment

1 The further reduction is, as a general rule, paid from the date of entry into the dwelling, but not earlier than the beginning of the semester during which it was requested.

2 The first payment of the further reduction shall, as a general rule, be retroactive over a period of up to two years from the date of the presentation of the construction countdown.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. 32 Removing the Additional Downgrade

1 The additional lowering is deleted as long as:

A.
The beneficiary, except for important reasons, has not fulfilled his obligation to notify the canton of his conditions of income and of capital;
B.
A dwelling is used by persons who do not meet the personal or financial conditions. 1

2 The basic lowering remains when the further lowering is deleted.


1 New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. 33 1 Application to housing communities

Housing communities of at least three persons with elderly, disabled or requiring care, health care staff or persons undergoing training receive the additional lowering if average income and average wealth Residents do not exceed the limits set by s. 28, para. 1, 3, and 3 Bis , and 29, para. 1, 2, and 2 Bis .


1 New content according to the c. I of the O of March 12, 2004, in force since 1 Er April 2004 ( RO 2004 1597 ).

Chapter 2 Promoting home ownership of apartments and family homes

Section 1 General provisions

Art. 34 Nature of the aid

Financial assistance, advances and payments may be requested, within the limits of the following provisions, separately or jointly.

Art. 35 Scope of application

1 Assistance is provided for the construction of a dwelling, or for the acquisition of a dwelling under construction or already constructed.

2 In a case of thoroughness, federal assistance may also be granted or completed when the owner is threatened with loss of housing.

Art. 36 Help Forms

1 The loan guarantee may consist of direct assistance to the purchaser or indirect assistance to the owner of the work.

2 The indirect aid must be terminated if the accommodation passes to a recipient who does not apply for federal assistance. Indirect assistance must be replaced by direct assistance if the accommodation is taken over by a recipient who is seeking federal assistance.

Art. 1 Subjective conditions

1 Direct federal aid is granted only to major Swiss citizens, to major nationals of one of the Member States of the European Union or to major foreigners holding an establishment licence. 2

2 Direct federal assistance is also granted to foreigners with a residence permit whose country of origin grants similar rights to Swiss residents. The evidence must be provided by the applicant.


1 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
2 New content according to the c. I of the O of 22 Nov 2000, in force since 1 Er June 2002 ( RO 2000 2924 ). This provision entered into force at the same time as the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons (RS 0.142.112.681 ).

Art. 38 Authorization to dispose freely or to change assignments

Disposal or use for other purposes than the home must be authorized provided that the owner has vacated the bond or has repaid the guaranteed loan by bond and any advance of the Confederation, interest Included. Remittances from the Confederation must be repaid only to the extent that the selling price, net of taxes, transfer fees and advances due to the Confederation, exceeds the original purchase price or the costs Increase in the capital gain of the capital according to Art. 67.

Art. 39 Rent

1 In particular, there are important reasons within the meaning of s. 49, para. 2, of the law, when a dwelling is rented to relatives ascending or descending, to brothers and sisters, when it remains temporarily unused or to acquire housing in preparation for old age.

2 Rental may also be allowed if the owner can no longer live in the dwelling because of changes in his financial, professional or personal circumstances, or if a sale is not possible without a loss Considerable. 1


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. 40 Conversion of rental housing into property

The Office may authorize the conversion of rental units into residential units, if the owner agrees.

Art. Implementation of the provisions on the reduction of rents

As this Chapter does not object, the provisions on the lowering of rents shall apply mutatis mutandis.

Section 2 Basic subsidence

Art. 1 Permitted Charges

Owner's expenses, excluding the interest of own capital, must be in a reasonable relationship with income.


1 New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. 43 Capital Limits

As a general rule, capital must not exceed 50 per cent of the investment costs, after deducting debts that have been proven to exist. To determine capital, the principles of art will be applied. 29, para. 2 to 4.

Art. 43 A 1 Discount of advances and interest

The Confederation may provide all or part of the outstanding advances and interests. The provisions of Art. 21, para. 4 Bis , apply by analogy.


1 Introduced by ch. I of the O of March 12, 2004, in force since 1 Er April 2004 ( RO 2004 1597 ).

Art. 44 1 Applicable Provisions

Art. 27 to 33 are applicable.


1 Introduced by ch. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Section 3 Additional cash payments

Art. 44 A 1 People whose training is not completed

Persons whose training has not been completed cannot obtain the additional drawdown II for the purpose of acquiring a home or a family home.


1 Formerly art. 44.

Chapter 3 Requirements for housing construction projects

Section 1 Construction requirements

Art. 45 1 Principle

1 The construction projects must take into account the requirements of spatial planning, the protection of nature, the landscape and the environment, as well as the economic and rational use of energy. 2 They must guarantee a measured use of the soil.

2 Assistance is granted for:

A.
Economic construction, cost-effective, good quality and high level of habitability;
B.
Construction projects that promote new forms of habitat and urbanization.

1 Formerly before chap. 3 and section 1. New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).
2 New content according to the c. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).

Art. Special categories of housing

In the case of large groups, it may be necessary for a number of housing units to be reserved for seniors, invalids, large families, or persons with modest incomes.

Art. Constructs font

1 The cantonal and communal requirements on the construction police shall be complied with, provided that this order does not submit the construction of housing to more stringent requirements and that the requirements for rationalisation The construction has not been enacted.

2 Constructs must meet the requirements of civil protection.

3 The instructions of the Federal Council of October 15, 1975 1 Concerning measures to be taken in favour of the disabled in the field of construction.


1 FF 1975 II 1808

Art. 48 Net Living Area and Program

The DEFR lays down requirements on the minimum requirements for the net living area and the number and size of rooms, taking into account the importance of the household, as well as the equipment of the kitchen, bathroom and Washrooms.

Art. Housing for seniors and for invalids

1 Small units of up to three rooms are deemed to be homes for the elderly. Small housing needs to be built to meet the needs of the elderly. The DEFR lays down requirements for minimum requirements and recommendations. 1

2 The dwellings of any size that meet the special needs of the disabled are deemed to be invalid dwellings.


1 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. 50 Acoustic and thermal insulation; nuisances

1 All housing must be sufficiently insulated against noise and other nuisances; the slabs and separation walls between the units, in particular, as well as the sanitary facilities, shall be constructed in such a way as to avoid The potential for noise to flow from one dwelling to another.

2 The DEFR lays down requirements for minimum noise and thermal insulation values.

3 Federal aid may be refused for the construction of housing which would be exposed to excessive pollution, caused in particular by noise and exhaust gas from motor vehicles.

Section 2 Costs

Art. Construction Cost

1 The cost of the building for federal assistance consists of the cost of the preparatory work, the building, the external accommodation and the equipment, as well as the ancillary costs.

2 The DEFR sets the upper eligible cost limits, taking into account the special requirements for elderly and disabled accommodation, as well as property and home-owned homes.

3 Where justified by special circumstances, the cost limit may be lowered or raised by the Office in special cases and by the DEFR for whole regions. This applies in particular to urban agglomerations if the costs are reasonable given all the circumstances and if they allow, after normal calculation of the charges, to fix the rents or the purchase prices which are bearable.

Art. Allowable Costs

1 Confederation assistance is granted only if the construction costs remain within the allowable limits.

2 In determining whether construction costs are eligible, account must be taken, in addition to construction, of the value of habitability, including the space available, the interior equipment, the design of the building and the situation of the Housing.

3 The Office establishes guidelines for assessing the value of habitability.

Art. Cost of the land

1 The cost of the land consists of the main costs and acquisition costs, the expenses resulting from compensation, planning and pre-construction financing, as well as the cost of the general equipment, including Contributions of equipment to communities.

2 A balanced report must exist between the cost of the land and the cost of construction. To determine whether this cost remains within allowable limits, consideration must be given to the venal value, the degree of equipment, the nature of the soil, the potential harm, and the potential for use.

3 In order to determine whether the amount of the right of land is equitable, it is appropriate to apply para. 2 by analogy. In addition, consideration must be given to the duration of the area right, the compensation of the surface area related to the return to the owner (return allowance) and the compensation of the surface area right (the right of land). 1

4 The return compensation and the right of land may be adapted to certain economic data. For the rent of the area right, these data are, in particular, the evolution of the interest rates applied to the old mortgages; for the value of land, it is the Swiss index of consumer prices as well as construction costs and Investment costs creating added value. 2

5 If it has been agreed to index the rent of the area right, the annual adjustment cannot, as a general rule, exceed half the increase in the Swiss consumer price index. 3


1 New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
2 Introduced by ch. I of the O of 21 Nov 1990 (RO 1990 1851). New content according to the c. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).
3 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Title 3 Incentives for teachers and organisations involved in the construction of public utilities

Art. Nature of the aid

1 The Confederation shall support the activities of the owners and organisations involved in the construction of public utilities by taking stakes in their capital, as well as by granting loans, suretyships and Cash payments lost. 1

2 It encourages training and professional development, the exchange of information and the coordination between the owners and the organisations involved in the construction of public utilities.


1 New content according to the c. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).

Art. Public utility

1 Is deemed to be a public utility activity that meets the requirements of s. 6, para. 1, let. A, of the Federal Act of 27 June 1973 on stamp duties 1 , and which tends to cover the needs of apartments and family homes in accordance with the requirements of comfort.

2 The principle of public utility must be included in the statutes of the masters of work and of the organisations.

3 Public-law communities that provide housing in accordance with para. 1 shall be deemed to be of public use. 2


1 RS 641.10
2 Introduced by ch. I of the O of 21 Nov 1990, in force since 1 Er Dec. 1990 (RO 1990 1851).

Art. 56 Beneficiaries of Assistance

The assistance of the Confederation shall be granted to legal persons under public or private law who, for the purposes of public utility, devote the major part of their activity durably to encourage the construction of housing and the ownership of property Apartments and family homes.

Art. 57 Participation in capital

1 The Confederation can participate in the capital of central organisations, as well as organisations and enterprises involved in the construction of public utilities whose activities are of interest to several regions.

2 The Office shall, in each case, determine the amount of capital incurred as a participating interest. As a general rule, public participation must not exceed 50 per cent of the capital of the corporation.

Art. 1 Loans to central organizations and to companies building public utilities

The Confederation may grant interest-free or interest-free loans:

A.
Central organisations involved in the construction of public utilities;
B.
Companies that build public utility housing for specific tasks.

1 New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. A 1 Cooperation with umbrella organisations

In order to enforce the law, the Confederation may use the services of the umbrella organisations involved in the construction of public utility housing.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420 1643).

Art. Loans and suretyships assigned to specified buildings

1 The Confederation may grant to the owners of the work and to the organisations concerned with the construction of public utility housing loans or suretyships up to 95 per cent of the investment costs of the various Housing.

2 During construction, the bonds can fully cover the construction credit.

3 Loans must be repaid no later than 30 years at the rate of second-tier mortgages.

Art. A 1 Obligation to review

1 The obligation to review is governed by the Code of Obligations (CO) 2 .

2 In all cases, the umbrella organisations and emission centres must carry out regular checks within the meaning of Art. 727 CO.

3 The Office requires limited control on the part of public utility organizations which have decided not to submit to a review under Art. 727 A CO. The control must be carried out by an independent person approved by the Federal Review Supervisory Authority.

4 For the organizations referred to in para. 3 which have a maximum park of 30 apartments benefiting from federal aid, the Office may authorise the checking of the annual accounts according to its directives, provided that the person in charge of the control has the required capacity.


1 Introduced by ch. I of the O of 28 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 7129 ).
2 RS 220

Art. 60 Posting Guarantees

1 The management report, the annual accounts and the revision report of the central organisations or owners and organisations involved in the construction of public utilities of supraregional significance will be submitted to the The Office.

2 Central organisations or owners and organisations involved in the construction of public utilities of supra-regional significance and benefit from the assistance of the Confederation shall ensure that the statutes of the Masters of the work and of the organisations affiliated to them shall comply with the requirements of this Ordinance.

3 In order to maintain the assignment, the Confederation may, as the case may be, make the granting of loans and suretyship subject to conditions and special charges.

Art. 60 A 1 Compensation for rent in case of acquisition or renovation

If the acquisition or renovation of a rental property is financed with the federal aid, and the basic reduction is paid, the Office may, upon request, allow the owners to offset the rents between the units after the acquisition or Renovation. This should not result in any additional performance for the entire building.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Title 4 Common provisions

Art. 61 Need

1 Federal support implies that there is a need in the housing and rent categories, and that the authority to build will be issued. To access the property of housing or family homes, you have to prove that you need it yourself.

2 The Office shall examine with the cantons and municipalities whether the construction meets a need. It may require the necessary evidence from the applicant.

3 In mountain regions, development programs will be considered within the meaning of the federal law of June 28, 1974. 1 On investment aid in mountain regions.


1 [RO 1975 392, 1980 1798, 1985 387, 1991 857 Appendix c. 24, 1992 288 Annex c. 43. RO 1997 2995 art. 25].

S. 62 1 Priorities

1 If financial resources are not sufficient, the incentive measures shall be applied in priority and equal priority:

A.
Owners and organizations involved in the construction of public utilities;
B.
The acquisition of the ownership of apartments or individual houses;
C.
The construction and renovation of buildings, most of which are for the elderly and disabled;
D.
The renovation of existing housing;
E.
Construction projects for which the Confederation has previously provided benefits under the Act.

2 The Office may set quotas by township in order to ensure a better regional distribution of financial resources.


1 New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

S. 63 Form of Surety bonds granted by Confederation

1 The Confederation granted bail in the form of a simple bond under s. 495 obligations code 1 .

2 The Confederation bond may be a resuresurety.


1 RS 220

Art. 64 Funder of Funds

The institutions subject to the Federal Act of 8 November 1934 on banks and savings banks are deemed to be providers of funds 1 And, where appropriate, other eligible lenders, such as insurance companies and pension funds.


Art. Calculating Costs

1 As a general rule, estimates, which must be prepared by experts, will be based on the prices in effect at the time the applications are submitted.

2 Account shall be taken of the increase in costs between the time the estimate is established and the time when the work is carried out.

3 Additional costs resulting from the necessary modifications to the project during construction or unforeseen work will also be considered.

Art. 66 Job Adjudication

1 Agreements relating to the performance of work in the governance or flat rates shall be approved by the Office. Approval will only be given if it is clear from the examination of the coins that the cost of construction will not be higher.

2 Federal aid shall be granted only if the tender is free, without restriction in respect of prices, and if the owner of the work is not obliged, directly or indirectly, to appeal exclusively, for the award of work or for deliveries, Architects, state masters, contractors and suppliers of the place or township.

Art. 67 Capital gain of own capital

The capital gain of own capital (art. 24, para. 3, 41 and 50, para. 2, of the Act) is composed of the indexed values of own-invested capital and expenditures that increase the value of the building. The consumer price index is a determining factor.

Art. 68 Controls

The Office, where possible with the assistance of the cantons, instructs experts to examine projects, specifications and accounts, as well as the buildings and installations constructed.

Title 5 Additional funds from dwellings whose prices have been previously lowered

Art. 69

Additional funds referred to in s. 64, para. 2, of the Law shall be paid on a block account which may be disposed of only with the agreement of the Office.

Title 6 Procedure

Art. 1 Preliminary review of equipment and construction projects

Upon request, the Office may carry out a preliminary examination of the equipment and construction projects, in order to determine whether the assistance of the Confederation can in principle be granted.


1 New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. Refusal and grant of assistance 1

1 The Office shall notify the applicant in writing of the decision providing the applicant with the assistance of the Confederation.

2 The applicant will notify, within one month of the notification, whether he accepts the conditions relating to the particular insurance. Art. 56 and 57 of the Act are also applicable.

3 The competent cantonal authorities must be informed of the aid allocated.

4 The Office dismisses by decision applications for federal assistance which, as a result of priorities, cannot be accepted within a reasonable period of time. 2


1 New content according to the c. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).
2 Introduced by ch. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).

Art. 72 Start and continue work

1 As a general rule, no federal assistance will be provided for work already under way, if early construction has not been authorized in writing. Is reserved for the acquisition of housing under construction (art. 35).

2 In the case of research applications, the preparatory work used to clarify the mandate or work programme is not considered to be carried out in advance.

3 Federal aid is generally granted only if the work is carried out within six months of the grant of the aid, and if possible without interruption.

4 Where the conditions for the commencement and uninterrupted continuation of the work are not fulfilled, the granting of the aid shall lapse. Extensions of time limits should be allowed only in exceptional cases.

Art. 72 A 1 Registration in the Land Registry

If a request for federal assistance is filed for the acquisition of housing, the registration in the land registry shall only be effected if the Office has promised federal assistance or has authorized in writing the advance registration audit.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Art. Editing completed projects and constructs

In order to make subsequent amendments to completed projects and construction for which federal assistance has been granted, it is necessary to have the written approval of the Office. This can only be granted if the conditions attached to the granting of federal aid are still fulfilled.

S. 74 Discount

1 As soon as the work has been completed or the parcel is purchased, the applicant must submit to the Office a detailed account, drawn up according to the rules, signed by him, together with the original documents.

2 The Office shall check the counting and determine accordingly, if possible with the assistance of the cantons, the final amount of the federal aid.

Art. 75 Discounts for multiple independent constructs

Where federal support is granted for more than one independent construction, a separate final count may be established for each dwelling house, even if it is not recorded in the land registry as an independent building. If the final count is determined as a whole, it will be attached to a statement showing separately the counting of each dwelling house.

Art. 75 A 1 Lanes of law

In the event of a dispute relating to a contract of public law within the meaning of Art. 56, para. 2, and 57, para. 3, of the law, the legal remedies are governed by the general provisions of the federal procedure.


1 Introduced by ch. 22 of the Annex to the O of 3 February 1993 on the authorities whose decisions may be referred to the Federal Court or the Federal Insurance Tribunal (RO 1993 901). New content according to the c. II 101 of the O of 8 Nov. 2006 adapting Federal Council orders to the total revision of the federal procedure, in force since 1 Er Jan 2007 (RO) 2006 4705).

Art. 75 B 1 Data Protection

1 Data collected in the course of enforcement are confidential.

2 In duly substantiated cases, the Office may transmit data to third parties as long as they are necessary for the enforcement of the law or are used for statistical surveys. Personal data cannot be transmitted.


1 Introduced by ch. I of the O of March 25, 1998, in force since 1 Er Jul. 1998 (RO 1998 1420).

Title 7 Final provisions

Art. 76 Repeal of previous provisions

The ordinance of 20 August 1975 on the Federal Law encouraging the construction and accession to ownership of housing 1 Is repealed.


1 [RO 1975 1507, 1978 181]

Art. 77 1

1 Repealed by c. I of the O of 21 Nov 1990, with effect from 1 Er Dec. 1990 (RO 1990 1851).

S. 78 Entry into force

This order shall enter into force on 1 Er January 1982.

Final Provisions of the Amendment of March 25, 1998 7

New art. 27 B 8 And 29, para. 3, apply to promises of federal assistance whose decision is subsequent to the coming into force of this amendment.


RO 1981 2088


1 Abbreviation introduced by c. I of the O of 22 Nov 2000, in force since 1 Er Jan 2001 ( RO 2000 2924 ).
2 RS 843
3 Introduced by ch. I of the O of 22 Dec. 1986, in force since 1 Er Jan 1987 (RO) 1987 88).
4 Formerly chap. 1.
5 Formerly chap. 2.
6 Formerly chap. 3.
7 RO 1998 1420
8 This provision currently has a new content.


State 1 Er January 2013