immo!nvest – Die Plattform für Standorte und Immobilien

Tag: Regelung

  • Association complaints about residential construction projects restricted

    Association complaints about residential construction projects restricted

    In future, associations will no longer be allowed to lodge complaints against smaller residential construction projects if they are located within building zones. This applies to projects with a floor area of less than 400 square metres. The National Council voted in favour of the more restrictive provisions of the Council of States on Monday, meaning that the matter is ready for the final vote.

    Originally, the National Council had proposed that complaints should also be authorised for construction projects within water areas. However, the Council of States cancelled this option and restricted complaints by associations to construction projects in areas of “national importance”. This means that the right of appeal for associations will be significantly restricted in future.

    Limited right of appeal for construction projects in watercourse areas
    A motion by National Councillor Martina Munz (SP/SH) calling for the right of appeal to be cancelled only for construction projects that encroach slightly into the watercourse area failed in the Council. The motion was rejected by 118 votes to 72. This means that the regulation that smaller construction projects in watercourse areas can no longer be contested by associations remains in place.

    The amendment to the Nature and Cultural Heritage Protection Act was triggered by a parliamentary initiative from Valais National Councillor Philipp Matthias Bregy (centre). The aim is to restrict the right of appeal for smaller residential construction projects in order to facilitate construction activity in Switzerland.

    The new regulation, which severely restricts the right of appeal for smaller construction projects in building zones, represents an important step towards speeding up residential construction projects. In future, it will be more difficult for associations to take action against smaller construction projects, particularly in water areas.

  • Mortgage reference interest rate stable at 1.75 per cent

    Mortgage reference interest rate stable at 1.75 per cent

    The mortgage reference interest rate, which is decisive for setting rents throughout Switzerland, will remain at 1.75 per cent. This was announced on 3 June 2024 and is based on the volume-weighted average interest rate for domestic mortgage receivables, which stood at 1.72% on 31 March 2024. This average interest rate has not changed since the last quarter, meaning that the reference interest rate relevant under tenancy law remains at 1.75 per cent, rounded to the nearest thousandth of a percentage point. This stability will be maintained until there is a significant change in the average interest rate of below 1.63 per cent or above 1.87 per cent.

    Significance for rent claims
    The reference interest rate of 1.75 percent has remained unchanged since 2 December 2023. Tenancy agreements based on a higher reference interest rate of 2.00 per cent or more are still entitled to a rent reduction. Conversely, landlords are entitled to a rent increase if the underlying reference interest rate is 1.50 per cent or lower, in accordance with the provisions of tenancy law, which stipulate an increase of 3 per cent per quarter of a percentage point.

    Exceptions and additional influencing factors
    There are exceptions for certain rental agreements such as indexed or graduated rents and turnover rents for commercial premises. Subsidised flats are also often subject to special regulations. In addition, other cost factors such as the change in the national consumer price index and maintenance and operating costs can influence the rent structure. Inflation can account for 40 per cent of the rent calculation, which can lead to adjustments.

    Regular publication and legal basis
    The mortgage reference interest rate and the underlying average interest rate are published quarterly by the Federal Office for Housing (BWO), with the next publication on 2 September 2024. Since 10 September 2008, the uniform reference interest rate has served as the basis for setting rents in Switzerland, in accordance with Article 12a of the Ordinance on the Rent and Lease of Residential and Commercial Premises (VMWG). This regulation replaced the interest rates for variable mortgages previously applicable in the individual cantons and ensures a standardised and transparent rent calculation throughout the country.