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RS 842 Federal Act of March 21, 2003 encouraging housing at rent or at moderate prices (Housing Act, LOG)

Original Language Title: RS 842 Loi fédérale du 21 mars 2003 encourageant le logement à loyer ou à prix modérés (Loi sur le logement, LOG)

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842

Federal Act to encourage rent-to-rent or moderate housing

(Housing Act, LOG)

On 21 March 2003 (State 1 Er January 2013)

The Swiss Federal Assembly,

See art. 108 of the Constitution 1 , given the message from the Federal Council of February 27, 2002 2 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

1 The purpose of this Act is to encourage the provision of housing for low-income households and for home ownership.

2 Particular account shall be taken of the interests of families, single-parent families, persons with disabilities, the elderly in need and persons in training.

Art. 2 Purpose

1 The Confederation encourages the construction, renovation and acquisition of low-cost and low-cost housing, as well as the activities of organizations involved in the construction of public utilities.

2 It supports innovative forms of construction and housing, as well as the renovation of housing units.

Art. 3 Scope of application

1 This Act applies to all types of accommodation, such as apartments for rent or property, and individual houses.

2 It does not apply to secondary residences or holiday homes.

Art. 4 Definitions

1 Living spaces are all spaces for long-term habitation.

2 The following are deemed organisations involved in the construction of public utility housing units dealing with the construction of public utility housing, their umbrella organisations, emission plants, and Mortgage bonding institutions and other institutions dedicated to encouraging the supply of low-cost or low-cost housing.

3 A non-profit activity shall be deemed to be of public interest and shall be used to cover the needs of low-cost or low-cost housing.

Art. 5 Principles of Incentives

Incentives are governed by the following principles:

A.
Resources such as energy or land should be used in a cost-effective and rational way;
B.
Construction must be of good quality and functional housing;
C.
Housing and its immediate environment must be adapted to the needs of families, children, young people and the elderly or disabled;
D.
A balanced mix of different social categories should be possible.
Art. 6 Need and Priorities

1 Federal aid is granted within the limit of appropriations available on the basis of the proven need in low-cost or low-cost housing.

2 The Federal Department of Economics, Training and Research (DEFR) 1 Can set priorities based on housing market requirements.


1 New expression according to c. I 24 of the O of 15 June 2012 (Reorganization of the departments), in force since 1 Er Jan 2013 ( RO 2012 3655 ). This mod has been taken into account. Throughout the text.

Art. 7 Renovation of existing housing

The Federal Council sets out the conditions under which federal assistance is granted for the renovation of existing housing.

Art. 8 Cost Limits

1 The construction, renovation and acquisition of housing are subject to cost limits. The related premises are taken into account to a fair extent.

2 The Federal Office for Housing (Office) sets the cost limits.

Art. Obligation to inform

1 Persons applying for or receiving federal assistance are required to provide the required information in accordance with s. 11, para. 2 and 3, of the Act of 5 October 1990 on subsidies 1 .

2 The administrative law sanctions provided for in s. 40 of the Act of 5 October 1990 on subsidies apply to breaches of the obligation to provide information.


Section 2 Moderate rent housing

Art. 10 Principle

The Confederation encourages the provision of low-cost housing for economically or socially disadvantaged persons.

Art. 11 Instruments

The instruments implemented under the incentives are:

A.
Interest-free or preferential loans;
B.
Surety bonds.
Art. 12 1 Interest-free or Preferential Loans

1 The Office may grant loans to owners of rental units and owners of an area right on rental housing if:

A.
The owner has equity of a certain amount;
B.
Rents are generally fixed on the basis of costs for the whole building.

2 An exemption or interest reduction is granted on loans if:

A.
The income and wealth of tenants do not exceed certain limits;
B.
Housing is adequately occupied.

3 The Federal Council fixes:

A.
The amount of own capital required;
B.
The real property costs to be considered;
C.
Income and wealth limits for tenants;
D.
The minimum number of occupants for the different types of housing.

4 Loans must be guaranteed by real estate.

5 They must be amortized.


1 The application of this art. Is suspended until 31 Dec. 2008 with effect from 1 Er Jan 2005 as per c. I 14 of the LF of 19 Dec. 2003 on the 2003 budget relief programme ( RO 2004 1633 ; FF 2003 5091 ).

Art. 13 Incidental expenses

Incidentals may be charged separately to tenants.

Art. 14 Duty to pass on interest reduction

Owners and holders of surface rights are required to pass on to tenants the reduction in real estate costs resulting from the granting of interest-free or preferential loans.

Art. 15 Control of interest reduction conditions

1 The competent services shall verify that the determining requirements for income, wealth and occupation are met.

2 Tenants must provide them with the necessary information.

Art. 16 Determination of loans

1 Loans are provided in the form of lump sum payments based on the size of the accommodation.

2 The Office shall determine the lump sums.

3 For existing housing, account is taken of the importance of the renovation. The maximum limits are set on the basis of the lump sum amounts, presumably para. 1.

Art. 17 Determination of Interest Reduction

1 The amount of interest reduction on loans must be determined in such a way as to obtain the desired reduction in rent.

2 The Office can adjust the interest rate according to the economic situation and the general evolution of income.

Art. 18 Bonds

1 The Office can support posterior mortgage loans if the owner has equity of a certain amount.

2 The rent is fixed on the basis of real estate costs.

Art. 19 Duration of Federal Assistance

1 Federal support is granted for up to 25 years.

2 If the reduction in interest on loans is no longer requested for a certain period of time, the Office may require that, within a reasonable period of time, the method of financing be reviewed and the federal aid removed.

3 On request, federal aid may end before the end of the term, with the agreement of the Office, if the loans have been repaid and the Confederation, as a guarantor, has been released.

Art. Maintenance of the assignment

1 During the period of federal assistance, the housing that is the subject of this assistance can only be used for residential use.

2 In order to ensure that such accommodation is not diverted from their allocation, the Confederation shall enjoy during this period of rights of emption and pre-emption corresponding to the amount of the yield value that can be obtained by a lease Consistent with the assignment.

3 The prohibition of change of assignment, as well as the rights of emption and preemption of that prohibition, are mentioned in the Land Registry as restrictions of public law on property.

4 The rights of emption and pre-emption may be transferred to the cantons, municipalities and organisations involved in the construction of public utilities.

Art. Force Realization

The forced realization of a rental housing that is the subject of a loan or suretyship terminates federal assistance.

Section 3 Property at moderate prices

Art. Principle

The Confederation encourages the construction, renovation and acquisition of low-cost property.

Art. Instruments

The instruments implemented under the incentives are:

A.
Interest-free or preferential loans;
B.
Resureties.
Art. 24 1 Interest-free or Preferential Loans

1 The Office may grant guaranteed real estate loans for property.

2 Loans are granted in the form of lump sums.

3 They must be amortized.

4 The Office shall determine the lump sums.


1 The application of this art. Is suspended until 31 Dec. 2008 with effect from 1 Er Jan 2005 as per c. I 14 of the LF of 19 Dec. 2003 on the 2003 budget relief programme ( RO 2004 1633 ; FF 2003 5091 ).

Art. 25 Determination of Interest Reduction

1 The amount of interest reduction on loans must be set in such a way that the housing costs of the affected population groups can be substantially reduced.

2 The Office can adjust the interest rate according to the circumstances and the general evolution of income.

Art. 26 Backgrounds

1 The Office may provide suretyships to guarantee surety bonds issued by mortgage surety bonds if these bonds are used to secure the financing of low-cost property.

2 If the establishment of a mortgage surety also guarantees advances, the resuresurety shall extend to such advances.

3 The Federal Council regulates the distribution of risks between the Confederation and mortgage bonding institutions so that it is balanced.

Art. 27 Beneficiaries of Federal Support

1 The recipients of federal assistance are homeowners.

2 The owners of other real or personal rights that confer claims similar to those arising from the right of ownership are treated as homeowners.

Art. 28 Conditions for the Granting of Federal Support

1 Loans or resuretyships are granted under the following conditions:

A.
The owner has equity of a certain amount;
B.
There is sufficient income to ensure the amortization of the mortgage and the interest owing on that loan;
C.
Housing is in principle intended for its own use and is adequately occupied;
D.
The owner's wealth does not exceed a certain limit.

2 In the case of a loan, the owner's income must also not exceed a certain limit.

3 The Federal Council sets the modalities. In particular, it defines:

A.
The amount of own capital required;
B.
The minimum number of occupants;
C.
The upper limit of income and capital;
D.
The conditions to which the accommodation may exceptionally be rented.
Art. Control of interest reduction conditions

1 The competent services shall verify that the determining requirements for income, wealth and occupation are met.

2 Owners must provide them with the necessary information.

Art. Duration of Federal Assistance

1 Federal support is granted for up to 25 years.

2 Upon request, it may terminate at the end of the term, with the agreement of the Office, if the loan is repaid and the Confederation, as a reassurance, has been released.

Art. Maintenance of the assignment

1 During the period of federal assistance, the property on which this assistance is provided can only be used for residential use.

2 To ensure that such housing is not diverted from their assignment, the prohibition of the change of assignment and the limitation of the right of disposal are referred to in the Land Registry as restrictions on public property law.

Art. 32 Force Realization

The forced realization of a property that is the subject of a loan or a resuresurety terminates federal assistance.

Section 4 Organizations involved in the construction of public utilities

Art. 33 Principle

1 The Confederation supports the activities of organisations involved in the construction of public utilities in order to cover the needs of low-cost or low-cost housing.

2 The Federal Council shall lay down the minimum requirements to which the organisations benefiting from incentives must respond with regard to the allocation of accommodation and the guarantee of maintaining this allocation, to management, to the presentation Accounts and statuses.

Art. 34 Instruments

The instruments implemented under the incentives are:

A.
Bonds guaranteeing bonds by bonds of public utilities;
B.
Back-back guarantees for posterior mortgages;
C.
Interest-free or preferential loans;
D.
Capital interests.
Art. 35 Bonds

The Office may grant loans by bonds issued by public utilities if the latter grant, with the funds thus obtained, loans to improve the supply of low-cost or low-cost housing:

A.
Teachers involved in the construction of public utilities;
B.
To associations of owners organised for the purpose of public utility, provided that these owners fulfil the conditions laid down in Art. 28, para. 1.
Art. 36 Backgrounds

1 The Office may grant suretyships to guarantee bonds issued by mortgage surety bonds if these bonds are used to guarantee the financing of low-cost housing that is owned by Public works masters.

2 The resuresurety shall be granted if the owner concerned with the construction of public utilities has equity of a certain amount.

3 The Federal Council regulates the distribution of risks between the Confederation and the mortgage bonding institutions so that it is balanced and sets the amount of capital required.

Art. Interest-free or preferential loans to umbrella organizations

1 The Office may make funds available to the umbrella organisations so that they may grant interest-free or preferential loans to the owners of the construction of public utilities that build Or renovating low-cost or low-cost housing.

2 The Federal Council regulates the modalities.

Art. 38 Equity Investments

The Office may exceptionally participate in the capital of organizations involved in the construction of public utilities.

Art. 39 Controls

1 The Office regularly monitors the activities of the umbrella organisations, issuing stations, mortgage surety institutions and other relevant institutions.

2 These organisations are required to report regularly to the Office on the effectiveness of their activities.

Art. 40 Extraordinary suspension of incentive measures

Encouragement of the activity of an organisation involved in the construction of public utilities shall be suspended on an extraordinary basis if the latter no longer fulfils the main requirements.

Section 5 Research

Art. Promotion of research

1 The Office can promote housing research within the limits of appropriations. This should in particular increase the transparency of the market and provide the necessary basis for improving housing and housing supply.

2 The Office may:

A.
Assign research mandates to relevant experts and institutions;
B.
Participating in funding research projects;
C.
Support exemplary projects of an innovative and sustainable nature.

3 It can cooperate with international organisations.

Art. Requirement to provide information

1 In so far as the research so requires and no private or public interest is opposed, natural and legal persons under private or public law shall be required to provide free and within reasonable periods of time True information.

2 The Office ensures that the collection of information results in as few constraints as possible for persons subject to the obligation to provide information.

Section 6 Financing and emoluments

Art. 43 Provision of financial resources

The Federal Assembly adopts by simple federal order the limited commitment appropriations in time to ensure:

A.
Interest-free or preferential loans referred to in s. 11, let. A, 23, let. A, and 34, let. C, and the interests in the capital referred to in s. 34, let. D;
B.
Suretyships and suretyships referred to in s. 11, let. B, 23, let. B, and 34, let. A and b.
Art. 44 Emoluments

1 Fees may be paid for benefits and decisions made under this Act.

2 The Federal Council fixes the amount of these emoluments.

Art. 45 Exemption of emoluments

1 The entries in the Land Register provided for in this Law and their amendments shall be free of emoluments.

2 No fee shall be charged for extracts from the land register and the trade register which the Office needs to carry out its tasks.

Section 7 Enforcement

Art. Skills

1 The Federal Council shall issue the implementing provisions.

2 The Office shall be responsible for the implementation of this Law.

3 It coordinates and harmonizes the execution with the cantons, municipalities and organisations involved in the construction of public utility housing.

Art. Delegation of performance tasks, benefit mandates

1 The Office may delegate tasks relating to the execution of this Law to the umbrella organisations, issuing power stations, mortgage surety institutions and other relevant institutions.

2 The delegation of these enforcement tasks is subject to benefit mandates.

3 Benefit Warrants establish:

A.
The nature, extent and compensation of benefits to be provided by agents;
B.
The procedures for the submission of the periodic report, quality control, presentation of the budget and accounts.
Art. 48 Evaluation

The Federal Council shall ensure that the measures taken under this Act are subject to scientific evaluation. Once completed, the DEFR submits a report to the Federal Council and submits proposals for further work.

Art. Federal Housing Commission

1 The Federal Council establishes the Federal Housing Commission (committee). It appoints its members and ensures equal representation of interested parties.

2 The Commission:

A.
Provides advice to the Federal Council on housing issues;
B.
Observe the effects of this Act;
C.
Observe developments in the housing market;
D.
Submits proposals for amendments to the Act or implementing measures to the Federal Council and the DEFR.

3 The secretariat of the commission shall be provided by the Office.

Art. 50 Data Protection

1 The Office operates an information system to verify whether the applicant is entitled to federal assistance. This system may contain sensitive data concerning social assistance measures.

2 The Office shall have the power to disclose data to other federal, cantonal or municipal authorities, to high schools and to financial institutions only if such data are necessary for the performance of this Law. The applicant must provide proof of necessity. Sensitive data may not be disclosed without the consent of the person concerned.

3 Personal data, with the exception of sensitive data, can be made available online.

4 The Federal Council regulates in particular the operation of the information system, the responsibility for the processing of data, the categories of data to be seized and the duration of their storage, access to data, processing authorisations And data security.

Art. Administrative sanctions

1 The granting or payment of federal aid shall be refused to any person who induces or attempts to mislead the authorities by inaccurate indications or by the alteration or concealment of facts. The benefits already paid must be returned.

2 Persons guilty of an offence under para. 1 or s. 37 and 38 of the Act of 5 October 1990 on subsidies 1 May be excluded from federal aid granted under this Act or other provisions, or excluded from the award of work of the Confederation.


Art. Criminal Provisions

Art. 37-39 of the Act of 5 October 1990 on subsidies 1 Apply to offences, to fraudulently obtaining a benefit and to criminal proceedings.


Art. Extraordinary measures

Where the recipient of the federal aid is no longer able to honour its commitments, the Office may waive or partially waive the requirement for the return of the loans granted and honour the guarantees by waiving its right to As a guarantor, if this measure makes it possible to reduce overall the risks to the Confederation.

Section 8 Procedure and legal remedies

Art. Rent control

1 During the period of federal assistance, the Office shall monitor the rents of the units covered by incentive measures under Section 2.

2 Tenants can apply for control at any time. The Office is seeking an agreement between the two parties. If no agreement can be reached, it makes a decision.

3 The procedure before the Office is free; in the event of an abusive procedure, the responsible party may be obliged to bear all or part of the costs of the proceedings.

4 The conciliation authorities provided for in the Code of Obligations 1 Are competent to control incidental expenses.


1 RS 220

Art. Disposition of requests by mandated third parties

If applications under s. 24, 26, 36 and 37 are dealt with by third parties, the procedure is governed by the provisions of the Act of 5 October 1990 on subsidies 1 .


Art. 56 Lanes of law

1 The decisions of mortgage surety establishments, umbrella organisations and other relevant institutions may be appealed to the Office.

2 ... 1

3 For the rest, the general provisions of the federal procedure apply.


1 Repealed by c. 116 of the Annex to the PMQ of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).

Art. 57 1

1 Repealed by c. 116 of the Annex to the PMQ of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).

Section 9 Final provisions

Art. Repeal of the law in force

Are repealed:

1.
The Federal Act of 19 March 1965 on the encouragement of the construction of housing 1 ;
2.
The Federal Order of 11 March 1971 on new measures to encourage the construction of housing 2 .

1 [RO 1966 449, 1970 891, 1973 448 1116, 1977 2249 ch. I 622, 1991 362 ch. 2,415, 1992 288 Annex c. 40]
2 [RO 1971 348]

Art. Transitional provisions

1 Federal applications filed under the Federal Act of October 4, 1974, encouraging the construction and ownership of housing (LCAP) 1 And which have not been the subject of a decision before the entry into force of this Law shall be treated in accordance with the new law.

2 On presentation of an application, the federal aid provided for in this Law may also be granted for housing whose work has commenced from 1 Er January 2003.

3 Research warrants issued prior to the coming into force of this Act shall be governed by the CAP.

4 Upon the coming into force of this Act, the Federal Commission for the Construction of Housing Under Art. 55 LCAP is replaced by the Federal Housing Commission under s. 49 of this Act.

5 On the entry into force of this Law, the requirements for the control of rents fixed in art. 54 apply to LCAP litigation. Disputes concerning incidental expenses, which are already in the process of being settled upon entry into force of this Law, shall be settled by the Office.

6 As part of financial consolidation measures, the Confederation may, before the end of the term, honour the bonds it has granted for rental properties under the CLCAP and waive its right of appeal as a guarantor if:

A.
This minimally reduces the risks it faces;
B.
The other creditors involved report a substantial debt abandonment;
C.
The owner invests new means for financing.

1 RS 843

Art. 60 Loans granted under the former right

On the entry into force of this Law, the Office shall manage the loans granted in accordance with the Federal Order of 7 October 1947 to encourage the construction of housing for the staff of the Confederation 1 .


1 [RS 10 936; RO 1958 93. FF 1994 III 884 ch. I 1]

Art. 61 Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 1 Er October 2003 3


RO 2003 3083


1 RS 101
2 FF 2002 2649
3 ACF of August 19, 2003


State 1 Er January 2013