Ordinance on Official Real Estate Valuations (GSV) - Scope and Purpose (GSV)

1. This regulation applies to official property appraisals for the purpose of tax assessment, as well as to official appraisals in accordance with the EG to the Civil Code (ZGB) and agricultural appraisals in accordance with the Federal Law on Rural Land Rights.

1. Subject of the appraisal are

a) Properties according to Art. 655 of the Civil Code;

b) Alpine rights and usage rights according to cantonal law;

c) Independent rights and buildings not falling under letter a.

2. Not subject to appraisal are traffic areas and bodies of water. Public buildings and facilities may be appraised.

1. For the appraisal, a distinction is made between general (non-agricultural) and agricultural properties.

2. Agricultural properties are those that fall within the scope of the Federal Act on Rural Land Law.

3. Agricultural properties or parts thereof are appraised at market value if they serve a business with a non-agricultural character.

1. The existence and scope of the appraisal object are determined by the entries in the land register and the actual circumstances at the time of the appraisal.

2. All economically connected uses, rights, and encumbrances related to the property that affect its value must be considered in the appraisal.

3. The real property liens are not to be considered.

1. Several plots of land owned by the same owner, which economically form a unit, shall be appraised as a whole.

2. Parts of a plot of land shall be appraised individually if they are mortgaged separately, if individual mortgage rights are provided for, or if an individual appraisal is warranted for other reasons.

1. Every property shall be re-assessed ex officio at least every ten years free of charge.

2. A re-assessment of an individual property is to be conducted

a) if the Land Registry Office or the Cantonal Tax Administration determines that an assessment is significantly outdated;

b) in the case of new constructions, conversions, and additions;

c) upon the request of an administrative office, if the office has to make a decision based on the assessment;

d) for preliminary assessments according to Article 87 of the Federal Act on Rural Land Law.

3. The Government Council may, for special reasons, order the re-assessment of all or certain properties. Special reasons may include, for example, the assessment of buildings in hazard zones, zoning plan changes, or market and economic changes.

4. Provisions regarding the adjustment or rectification of assessments pursuant to Article 22 remain reserved.

1. The property owner may apply for a reassessment at their own expense with the competent land registry office.

2. The fee is determined in accordance with Article 20 of the Administrative Procedure Act. It is charged by the land registry office.

1. The following values of a property are determined during the appraisal

a) the market value;

b) the intrinsic value;

c) the income value;

d) the rental value.

2. For agricultural properties, the following are determined

a) the values according to the Federal Act on Rural Land Law[8];

b) the encumbrance limit;

c) the rental value for non-agricultural facilities and buildings.

1. The market value of a property corresponds to its fair market value and is calculated from the totality of all value-determining factors such as land and building value, legal circumstances, potential uses, actual characteristics, location, and condition.

2. The market value is generally determined from the income value and the real value. The guiding reference is the Appraisers' Handbook of the Swiss Association of Cantonal Real Estate Evaluation Experts (SVKG).

1. The real value of a property consists of the value of the land, the current value (condition value) of all structural facilities, the costs for landscaping work, and the ancillary building costs.

2. An area share that exceeds the usual size of a zone-compliant land requirement for structural facilities and can be separated and developed without affecting the property value is not to be included in the real value calculation. It must be evaluated separately.

3. The current value of structural facilities corresponds to the new construction value minus a depreciation amount corresponding to the age and technical depreciation. Insufficient or above-average maintenance must be taken into account.

1. The income value corresponds to the capitalized rental value of the property. In the calculation, an appropriate return on the invested capital as well as the maintenance and operating costs for the property must be taken into account.

2. The base interest rate for capitalization is set by the governing council based on the federal reference interest rate. It is reviewed annually in the fourth quarter and, if necessary, adjusted for the following year.

3. The property assessment authority determines the other elements of the capitalization rate.

1. Agricultural properties are assessed according to the provisions of federal legislation concerning agricultural land law.

2. The income value is to be increased by market value surcharges for parts of the property used differently.

1. The rental value corresponds to a market rent, which can be achieved as rental or lease income.

2. For the calculation, particular consideration must be given to the local customary rental rate as well as the value-determining factors such as location, building zone, building size, condition, standard of construction, and the surroundings of the property, as well as the emissions affecting it.

1. The Department of Finance supervises the appraisal system and may issue directives for uniform enforcement.

2. The Property Appraisal Authority is an organizational unit within the meaning of Art. 27 of the Organizational Act and is subordinate to the Department of Finance.

1. The Property Assessment Authority conducts the valuations. It is composed of the management and the assessment commissions.

2. The Executive Council appoints the head, and the Department of Finance appoints the other appraisers of the canton.

3. An assessment commission generally consists of one appraiser from the canton and one from the municipality. The cantonal member leads the commission.

4. The cantonal appraisers possess expertise in the matters of property and construction and have recognized task-related training. Appraisers for agricultural properties have additional specialized knowledge.

5. The municipal council appoints the appraiser of the municipality. He or she possesses local and subject-matter expertise.

6. The appraisers are subject to official secrecy, particularly concerning the assessment records and observations made with property owners.

1. The head of the real estate appraisal authority directs the operation and determines the appraisal commissions as well as their substantive and local jurisdiction.

2. The appraisal of properties where individual parcels are located in another canton shall be determined by the administration in consultation with the appraisal authority of that canton.

3. In justified cases, the administration may, upon the request of the appraiser of the canton, arrange for the involvement of a special expert or the land registry office.

1. The Land Registry Office determines the need for an appraisal and provides the necessary information to the appointed appraiser of the canton. For this purpose, data from the electronic land register is used, where it has been introduced. The data set to be transmitted is determined according to Art. 8 of the cantonal Land Register Ordinance.

2. The canton's appraiser schedules the appraisal dates and invites the municipal representative as well as the landowner.

3. The landowner informs other parties with rights to the property about the announced appraisal, if applicable.

1. The appraisal is conducted on-site.

2. In special cases, such as agricultural pre-assessments, similar multiple appraisals, appraisal reviews, rectifications, adjustments, the appraiser of the canton may conduct an appraisal alone and without being present on site.

3. A report of the appraisal is prepared. This includes all necessary information regarding the valuation of the property as well as the calculation of appraisal values and names the participants involved. The report is signed by the appraiser of the canton.

1. The property owner is obligated to attend the appraisal or be represented.

2. He or she must provide the appraisal commission with all information and necessary documents that are significant for the valuation of the property.

3. The property owner as well as other parties with rights to the property must grant the appraisal commission unrestricted access to the property and the building structures.

4. If the duties to cooperate are refused, the appraisal may be conducted at the discretion of the commission.

1. The management of the appraisal commission submits the appraisal report to the land registry office within 14 days after the appraisal.

2. The land registry office issues the decree within 14 days and serves it together with the appraisal report to the property owner, the cantonal tax administration, and other parties involved in the appraisal procedure.

1. The order and the valuation protocol shall be kept by the relevant land registry office. For this purpose, the electronic land register's programs may be used.

2. The Department of Finance may arrange for the valuation data to be collected, processed, stored, evaluated, and retrieved by electronic means.

3. The valuation documents may be made available electronically to the appraisers of the canton, the tax administration, as well as the land registry offices.

1. Valuations are adjusted ex officio if this is possible with sufficient reliability without a formal valuation procedure.

2. Valuations are corrected ex officio if the area measurement of a property has changed, existing buildings have been demolished or destroyed, or uses, rights, or burdens that are significant for the value of the property have ceased to exist.

1. The land registry office informs the appraiser of the canton and provides the necessary information.

2. Adjustments or corrections of the appraisal values are recorded and communicated like regular appraisals.

1. Appeal against the assessment decision may be lodged in writing with the Land Registry Office for the attention of the Assessment Commission within 30 days of notification. The appeal must include an application and a statement of reasons.

2. The Assessment Commission reviews the appeal. If the application or statement of reasons is missing, the appellant will be requested to provide the necessary information within a reasonable period of time, otherwise, the appeal will not be considered.

3. The Assessment Commission communicates its decision to the property owner, the Cantonal Tax Administration, and other parties involved. The Land Registry Office receives a copy of the decision.

1. The objection decision of the Assessment Commission can be appealed to the Department of Finance.

2. The appeal decision can be further appealed to the Superior Court.

1. The costs of the appraisal, as well as those of the experts and assessors, shall be borne by the canton.

2. The costs of the land registry office, as well as those of the municipal appraiser or appraisers, shall be borne by the municipality.

1. No procedural costs are charged in the objection procedure. Reserved is the frivolous initiation or conduct of an objection procedure.

2. The procedural costs in the appeal and complaint procedure are governed by the Administrative Justice Act.

1. Ongoing legal appeal proceedings will be concluded according to the previous law.

2. The official duties of the appraisers appointed by the Government Council of the canton shall end on May 31, 2011.

1. The Ordinance of January 3, 1984, on Official Property Assessments (Tax and Mortgage Assessments) is repealed.

2. The Ordinance of May 31, 2005, on the Government and Administrative Organization Act is amended as follows

1. This regulation shall enter into force on January 1, 2011.