Key Benefits:
November 26, 2003 (State 1 Er January 2014)
The Swiss Federal Council,
See art. 46, para. 1, of the Housing Act of 21 March 2003 (LOG) 1 ,
Stops:
1 The quality of housing construction, their value of use and their situation are aspects that must be addressed in the context of encouraging rent-to-rent or low-cost housing. This shall include consideration of their size, equipment, layout and functionality of their parts, as well as the common parts and outer space.
2 In the case of renovation, the peculiarities of the old constructions must be taken into account.
3 Residential buildings where the consumption of rational and economic energy is guaranteed and where the principles of sustainable development of the neighbourhood are respected are given priority encouragement.
4 No federal assistance is provided for residential buildings exposed to excessive nuisance.
1 Cost of return : the cost of the land and the cost of construction, or the cost of the acquisition.
2 Cost of the land : the price and associated costs of the acquisition of the land, compensation expenses, planning and financing prior to the commencement of construction, and general capital costs, including contributions Equipment paid to municipalities and communities.
3 Construction Cost The cost of the preparatory work, the construction itself, the construction, the equipment and the connection, as well as the associated costs associated with the construction.
4 Acquisition Cost : purchase price, notary fees, registration fees in the Land Register and transfer fees.
1 Investments must generate reasonable value.
2 The Federal Department of Economics, Training and Research (DEFR) 1 Sets a minimum investment amount.
Where there is an area right, federal support shall be granted only if, in the long term, the burden borne does not exceed that which would be borne in the event of the purchase of the land.
As a general rule, only residential complexes with at least three units are encouraged.
1 The Federal Housing Office (Office) determines the number of supportive housing units in a building.
2 In large residential complexes, loans are granted only for part of the housing.
3 During the period of federal assistance, interest reduction may be transferred from one unit to another.
1 The owner or owner of the area right shall finance at least 10 % of the cost of the return by own funds.
2 For renovations, 10 % of all renovation costs must, as a general rule, be financed by own funds.
1 The real property costs to be considered are:
2 The interest rate on own invested capital must not exceed the common interest rate of mortgages in 1 Er Rank.
3 For the share of the borrowed capital which exceeds 65 % of the cost, a higher interest rate may be applied; however, the difference in rates shall not exceed 3 / 4 %.
4 The rate of the rent of the right of land shall not, as a general rule, exceed the common interest rate of mortgages in 1 Er Rank.
5 The depreciation rate must be fixed in such a way that at least two-thirds of the Confederation's loan and up to 30 % of the cost may be reimbursed for the duration of the federal aid.
6 A lump sum amount can be calculated for the costs mentioned in para. 1, let. D to g. DEFR sets this lump sum.
7 The owner or owner of the area right shall ensure that the means for maintenance and renovation are used in accordance with the intended purpose and shall inform the Office or the competent services designated by the Office.
In case of renovation, the calculation of the initial rent starts from the old rent, to which will be added the share of improvements increasing the value of the leased thing that can be passed on. It is possible to make appropriate internal compensation for rents between the units of a building.
1 The Office shall determine the maximum authorized rent.
2 With the permission of the Office, the lessor may apply for supplements or award reductions depending on the specifics of the accommodation. The total rent for a building must not exceed the total allowable rent.
3 The fixing and control of the rents shall apply to all the dwellings and the premises of the building. Except for special type accommodation and workshops or other premises that are not the subject of federal assistance.
1 Lessor can adjust rent:
2 The rent reductions resulting from para. 1, let. A, must be effective no later than the beginning of the next possible termination term.
3 The DEFR sets out in a lump sum the increases resulting from para. 1, let. C.
Lessor can claim rent increases as a result of s. 11, para. 1, from the next possible termination term. Rent increases must be announced in writing to the tenant at least ten days before the start of the period of termination, to be reasoned and to mention the remedies.
For incidental expenses, s. 257 A And 257 B Of the code of obligations (CO) 1 Are applicable.
If the interest reduction right cannot be granted, the interest rate on the loans must be the average rate of the new mortgages in 1 Er Rank as established by the Swiss National Bank for the month of October of the current year. This rate shall be rounded to the nearest quarter point and shall be valid for the following calendar year.
1 Loans are generally granted without interest.
2 Interest reduction is calculated based on the amount of the loan to be repaid.
The lessee is entitled to interest reduction on the first day of the month in which the lease begins. In case of renovation, if the lease continues, it is the effective date of the new lease agreement that is determinative.
1 The interest reduction on the loan is granted if the accommodation is occupied by one or two major persons, including taxable income in accordance with the Federal Direct Tax Act of December 14, 1990 1 Does not exceed 50,000 francs.
2 For households with more than two major persons, the income limit is raised by 20,000 francs per additional person.
3 The income limit is raised by 2,500 francs per minor child.
4 The income of minors is not taken into account.
5 For tenants who are in the lease, the income limit is increased by 10 %.
6 The DEFR can adapt the income limits according to the economic situation and the general evolution of income.
1 The reduction of interest on the loan shall be granted if the accommodation is occupied by one or two major persons, whose total capital is not more than 144,000 francs, after deducting proven debts.
2 For households with more than two major persons, the wealth limit is raised by 40 000 francs per additional person.
3 The wealth limit is raised by 16,900 francs per minor child.
4 For tenants who are under lease, the capital limit is increased by 10 %.
5 The limits set out in paras. 1 to 3 are increased by 25 %:
6 The DEFR can adapt the limits of wealth according to the economic situation and the general evolution of income.
Interest reduction is granted only for accommodation that has a maximum of two pieces more than the number of occupants.
The competent services shall check every year that the requirements for income, wealth and occupation are met.
1 The interest reduction on the loan ends:
2 If the interest reduction ends, the owner or holder of the surface interest has to pay interest on the loan at the beginning of the following year. He can adjust the rent accordingly.
3 The reduction of interest shall end for dwellings which remain vacant for more than three months, with exceptional cases of rigour.
4 The owner or owner of the area right shall be required to submit to the Office an annual statement of interest reductions.
1 The Office can support posterior mortgage loans granted by banks or other appropriate credit institutions up to 65 to 90 % of the cost.
2 The guarantee of the Office shall be granted in the form of a simple bond, in accordance with Art. 495, para. 3, CO 1 .
3 Responsibility is governed by s. 499 CO.
To determine the end of federal support before term, in accordance with s. 19, para. 3, LOG, the Office takes into account in a fair measure the needs of the inhabitants.
1 The transfer of ownership of a building that is the subject of federal assistance must be authorized by the Office.
2 The Office shall authorise it if the acquirer undertakes:
3 Any form of ownership change is deemed to be a transfer of ownership, namely, sale, exchange, gift, estate sharing and judicial assignment.
4 In the case of a judicial assignment, para. 1 shall apply mutatis mutandis.
1 The forced realization of a building being the subject of federal assistance is governed by the Federal Act of April 11, 1889 on the Prosecution of Debts and Bankruptcy (LP) 1 .
2 Once the enforcement procedure is closed, the federal aid ends and the reference to the restriction of public law on the property, which is entered in the land register, is deleted.
The Office may, upon request, authorize the conversion of rental housing to property:
1 The owner or owner of the area right shall finance at least 10 % of the cost of the return by own funds.
2 For renovations, 10 % of all renovation costs must, as a general rule, be financed by own funds.
The owner of a unit that has been acquired for personal use is entitled to interest reduction upon payment of the loan.
1 With regard to the granting of a loan at preferential rates, the income and capital limits provided for in Art. 17 and 18 shall apply mutatis mutandis.
2 A resuresurety is granted if the owner's wealth does not exceed, after deduction of proven debts, 50 % of the cost of return.
As regards the interest on loans, the control of the right to receive federal aid and the end of interest reduction, s. 14, 15, 20 and 21, para. 1, let. A and b, and 2 shall apply by analogy.
1 The resuretyship of the Office shall be granted in the form of the bond of solidarity, in accordance with Art. 496 CO 1 .
2 The resuresurety shall cover at least 70 % of the right of appeal of mortgage surety institutions against the principal debtor.
1 Property that is subsidized by a loan may be temporarily leased to third parties in the following circumstances:
2 During the term of the lease, the owner must pay interest on the loan.
3 Rent is subject to rent control under s. 54 LOG.
Federal aid is granted only to major persons, who are legally and effectively domiciled in Switzerland and who use the housing that is the subject of federal assistance as the principal residence.
1 The transfer of ownership of a building that is the subject of federal assistance must be authorized by the Office.
2 The Office gives the authorisation if the loan has been repaid or if the Confederation has been released as a resurety.
The Office encourages training and development, as well as the exchange of experience and collaboration between organizations involved in the construction of public utility housing.
1 Any organization which, by its statutes, is deemed to be of public interest
2 The articles and status changes must be submitted to the appropriate department for monitoring.
Public utility organisations are recognised as public utility organisations which are active at the supra regional level and which bring together a significant number of public works masters.
1 Public utility organisations shall submit an annual activity report in accordance with the principles laid down in Art. 662 to 670 CO 1 .
2 The Office may impose additional requirements on the presentation of accounts.
1 The obligation to review is governed by the 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 New content according to the c. I of the O of 28 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 7125 ).
2 RS 220
1 The umbrella organisations, mortgage surety and issuing plants are required to:
2 The Office may in particular oblige umbrella organisations, mortgage surety institutions and issuing plants, by means of benefits, to comply with specific accounting plans.
1 Introduced by ch. I of the O of 28 Nov 2007, in force since 1 Er Jan 2008 ( RO 2007 7125 ).
The guarantee of the Office shall be granted in the form of the guarantee of solidarity, in accordance with Art. 496 CO 1 .
1 The resuretyship of the Office shall be granted in the form of the bond of solidarity, in accordance with Art. 496 CO 1 .
2 The resuresurety shall cover at least 70 % of the right of appeal of mortgage surety institutions against the principal debtor.
3 A resuresurety is granted if the owner funds at least 10 % of the cost of return or renovation costs by own funds.
1 The Office may, in a fiduciary capacity and for a specific purpose, make available to the umbrella organisations financial means for the provision of funds.
2 Thanks to this fund, the umbrella organisations shall grant loans to public works of public interest to the financing of the remaining financing linked to the object or the financing aid for the acquisition of land for the purpose of construction Low-cost or low-cost housing. Repayment of loans replenments the fund and can be used for other loans. 1
3 The umbrella organisations must manage this fund separately. The financial means made available to them must be placed with a banking institute and report interest or be invested in low-risk bonds. Exceptionally, term investments, guaranteed by real estate guarantees to public utilities, will be permitted.
4 The duration of the contract, the termination, the indemnification of the umbrella organisations and the arrangements for the loans granted shall be governed by public law contracts concluded between the Office and the umbrella organisations.
5 The Fund of the Swiss Foundation for the Promotion of Home Ownership of Housing will be maintained in accordance with the provisions of the Federal Law of 4 October 1974 encouraging the construction and ownership of housing (LCAP) 2 .
1 New content according to the c. I of the O du 23 oct. 2013, in effect since 1 Er Jan 2014 ( RO 2013 3557 ).
2 RS 843
The participation of the Confederation in the capital of public utility organisations should not, as a general rule, exceed 50 % of the capital of the company, the cooperative or the foundation.
Cooperation with public utility organisations may be suspended prematurely:
When it is a matter of encouraging exemplary projects, it is possible to deviate from the requirements concerning the quality of the construction and the location, the cost limits and the special conditions imposed for the renovation of Existing housing.
1 The Office establishes four-year research programmes.
2 These programs must be approved by the DEFR, on a proposal from the Federal Housing Commission.
1 The Office may collect from applicants and recipients, and process all data required to verify whether they are eligible for federal assistance, to conduct a scientific assessment of the measures taken under the Act and to Promote research.
2 In particular, it may collect and process data concerning:
3 The Office takes all the technical and organisational measures necessary to protect the data collected against abuse.
4 Without the written consent of the persons concerned (art. 50, para. 2, LOG), the Office may disclose personal data to third parties only:
5 Income and wealth data can be made available through an appeal process.
6 The Office shall transmit personal data particularly sensitive to third parties only with the consent of the persons concerned.
7 The personal data collected will be destroyed at the latest when the federal aid is terminated, subject to a legal obligation to archive.
If federal support is sought for the acquisition of housing, registration in the land registry may take place only when the competent office has provided federal assistance. In exceptional cases, registration may be anticipated if authorized by the competent service in writing.
As a general rule, the calculation of the costs of the estimates which must be established by professionals is based on the prices charged at the time of filing the application.
Recipients of federal assistance shall not undertake any significant change or incur additional costs in projects and construction completed without the authorization of the appropriate service.
1 Recipients of federal assistance are required to immediately announce the additional costs to the appropriate service.
2 Additional costs can only be taken into account if they are attributable to authorized project changes, proven price increases, or other causes that cannot be acted upon.
1 At the end of the work, a count according to the instructions of the Office, signed by the applicant and accompanied by the original supporting documents, shall be given to the competent service.
2 If a project is carried out in a number of stages, the competent service may require a split and the presentation of separate accounts.
1 Before the loan is paid, the reference to the restriction of public property rights must be recorded in the land register and the guaranteed property loan.
2 For the construction of rental units, a maximum of 70 % of the amount of the loan granted may, upon request, be paid to the borrower as soon as the large work of the building is completed, delivered to the building authority and insured against the fires and That the owner has paid the invoices for the work carried out or guaranteed their amount. The remaining 30 % will be paid once the count is approved. The construction credit must then be consolidated immediately.
3 For the renovation of rental units, a maximum of 70 % of the amount of the loan granted may, upon request, be paid to the borrower as soon as all the works have been completed. The work must be paid or the amount guaranteed. The remaining 30 % will be paid once the count is approved. The construction credit must then be consolidated immediately.
4 For the construction, acquisition or renovation of property for personal use, the amount of the loan shall be paid after the count has been approved.
1 Tenants, or landlords, must apply for a reduction of interest. This application must be accompanied by a certificate from the tax authority which will establish that the income and capital requirements are met.
2 Tenants must provide information on the occupancy of the dwelling.
3 Tenants must file the application within two months of the start of the lease or the coming into force of the new lease in the case of renovation. If the application is filed later, the reduction shall be granted from the first day of the month in which the application was filed.
4 The owners of the housing they inhabit must file the application prior to the promise of federal assistance.
The lessor is required to inform the lessee about the granting of federal assistance, the amount of the rent reduction, the application of the LOG and the conditions attached to it.
In the granting of federal aid, the rent is provisionally fixed. It is definitively fixed after the approval of the count. If the interim rent is set too low, the lessor may then require the tenant to make the difference. If the interim rent is set too high, the lessor will have to issue the overpayment to the lessee.
In the event of an overrun of the authorized rent or change of assignment, the Office will require the reimbursement to the lessee of the excess interest. The interest rate is the rate prescribed by s. 8, para. 3. The owner has three months to repay the overpayment to the tenant.
1 DEFR lays down provisions for housing construction cooperatives which have benefited from loans in accordance with the Federal Order of 7 October 1947 to encourage the construction of housing for the staff of the Confederation 1 It rules, in particular, the fixing and control of rents.
2 In order to ensure that the allocation is maintained for the lands subject to federal assistance, the prohibition of the change of assignment and the restriction of the right of disposal will be referred to in the Land Registry as restrictions of law Public property.
3 In the event of the liquidation of the co-operative housing construction or sale of a building that is the subject of federal assistance, the proceeds of liquidation shall be allocated to the Confederation.
4 The Office regulates under a contract with the Confederation Pension Fund (PUBLICA) the management of mortgage loans granted to the cooperatives for the construction of confederation housing from the funds of the Federal Fund Insurance (CFA), now PUBLICA.
1 [RS 10 936; RO 1958 93. FF 1994 III 884 ch. I 1].
Are repealed:
This order shall enter into force on 1 Er February 2004.
