Ordinance on the Valuation of Land - Real Estate

1.

For the purposes of this regulation, the following are considered immovable property

a) Real property in accordance with Art. 655 of the Swiss Civil Code (ZGB), namely

1. Real estate;

2. Independent and permanent rights entered in the land register (Art. 779, 780 ZGB);

3. Mines;

4. Co-ownership shares in real estate (Art. 646 et seq., 712a et seq. ZGB).

b) Buildings which are not part of a real estate but have been erected on third-party land based on a non-independent building right or a contractual agreement.

c) Real property established under cantonal law, namely

1. Building rights under old law;

2. Hut rights in the communal alps pursuant to the Ordinance on the Communal Alps of February 12, 1996 (Alpbüchlein);

3. Independent share rights in private alps.

1. For the appraisal, a distinction is made between agricultural and non-agricultural properties, as well as mixed operations

2. Properties are considered agricultural if they are defined as such under Art. 655 of the Swiss Civil Code (ZGB) and are subject to the Federal Act on Rural Land Rights of October 4, 1991 (BGBB), as well as properties defined under Art. 1 lit. c nos. 2 and 3 of this ordinance. Mixed operations are considered to be properties as defined in Art. 2 para. 2 lit. d of the BGBB. All other properties are considered non-agricultural.

1. Assessment Authorities are

a) the cantonal Assessment Office;

b) the Agricultural Assessment Commission;

c) the Non-agricultural Assessment Commission;

d) the Principal Forestry Office (for forest properties).

2. The Head of the Cantonal Assessment Office or his deputy simultaneously serves as President of both Assessment Commissions. He is responsible for ensuring that assessments are carried out uniformly throughout the canton. He handles all administrative work and maintains the complete assessment register. His duties include ongoing instruction of the members of the Assessment Commissions. He is an employee of the canton.

3. The Agricultural and Non-agricultural Assessment Commissions each consist of the Head or Deputy of the Cantonal Assessment Office as President and four experts as members. Generally, the Head (or his deputy) and one member must participate in the assessments. The experts of the two Commissions can be interchanged as needed.

4. The election of the members of the Assessment Commissions is conducted annually by the Grand Council.

5. The members of the Assessment Commissions must observe the recusal provisions according to Art. 121 StG.

1. In the valuation of agricultural and forest land, the following values must be determined

a) Yield value with any applicable market value surcharges pursuant to paragraph 3 of this Article as tax value according to Article 42 paragraph 6 StG;

b) Market value as tax value according to Article 42 paragraph 6 StG;

c) Encumbrance limit for the establishment of mortgage rights in accordance with Article 73 ff. BGBB.

2. For the estimation of yield value and the encumbrance limit, the Ordinance on Agricultural Land Law of October 4, 1993 (VBB) is authoritative.

3. In non-agricultural or non-forestry circumstances (building land, gravel or sand extraction, etc.), a market value surcharge is made.

1. In the valuation of non-agricultural real estate, the market value of the properties shall be determined as the tax value (Art. 42 para. 6 StG).

1. A comprehensive revision of property assessments typically takes place every ten years.

1. An interim revision of property valuations takes place

a) for newly constructed properties;

b) at the request of the property owner;

c) at the request of the cantonal tax administration;

d) * upon the initiative of the authority responsible for the land register;

e) at the request of the perimeter valuation commissions;

f) at the request of the land rights commission.

2. The valuation commissions independently order new valuations when significant changes (new constructions and renovations, land purchases, value-altering circumstances, etc.) have occurred.

1. The property owner shall be notified of the appraisal in a timely manner. It is the responsibility of the owner to inform any other involved parties (such as tenants or lessees).

2. Except in exceptional cases, the appraisal shall be conducted by the competent appraisal committee based on an inspection. If the appraisal requires special expertise beyond that of the appraisers, the appraisal committee may consult appropriate experts. The property owner is obligated to attend the appraisal and provide the appraisal committee with all necessary information. Such information must be documented upon request. The owner, as well as the tenants, lessees, or other entitled persons, must grant the appraisers access to all rooms. If the property owner refuses the requested information or does not make themselves available to the appraisal authorities, the appraisal may be conducted at their discretion.

3. If the appraisal cannot be conducted despite timely announcement due to the fault of the owner, the owner must cover any additional costs incurred, in accordance with the additional time demands on the appraisal authorities and any travel expenses. This also applies if the refusal to provide information by the owner necessitates special investigations.

1. A report must be prepared for each appraisal. This report shall contain all necessary information regarding the basis of the appraisal and the method of calculation.

1. The cantonal assessment office shall notify the property owner and the usufructuary of the outcome of the assessment in writing, including instructions on legal remedies. Upon request, the assessment report shall also be handed over to them.

2. A copy of the assessment report shall be forwarded to the cantonal tax administration.

3. The authority responsible for land registry matters shall be informed of the outcome of the assessment as soon as it becomes legally binding.

1. The tax administration has the right to appeal against the results of estimations.

1. Compensation for the members of the appraisal commissions shall be provided in accordance with the cantonal salary ordinance.

1. The Administrative Commission issues the necessary implementing provisions. It is particularly authorized to declare estimation methods and estimation manuals as applicable.

1. This regulation shall enter into force upon adoption by the Grand Council.