CH-NE
2 Private Law - Civil Procedure - Enforcement - 22 Supplementary and Implementing Provisions of the Code of Obligations - 224 Lease - I. Purpose and Supplementary Provisions (EG-LWPG)
Table of Provisions (18)
Statutory Text (18 Articles)
The present law aims to ensure the enforcement of the federal legislation on agricultural lease agreements.
The provisions governing the agricultural lease are applicable regardless of the zoning designation of the land development plan in which the agricultural enterprise or the properties assigned to agriculture are located.
1. A pre-leasing right to mountain pastures is established in favor of the farmers of these regions.
2. The pre-leasing right is limited to the farmers of these regions
a) who intend to place their own livestock on the mountain pasture;
b) who manage an agricultural enterprise located within the territory of the commune where the mountain pasture is found or in a neighboring commune.
3. Mountain pastures are deemed to be those pastures where livestock is generally brought only during the summer for a period of three to four months.
4. Whether equipped with a building or not, these pastures constitute units that are geographically or economically separate from the primary agricultural enterprises.
5. The pre-leasing right is ineffective when
a) the area of the mountain pasture is less than five hectares;
b) the lessor leases to another holder of the pre-leasing right;
c) the lease pertains to a mountain pasture linked to the leasing of an agricultural enterprise;
d) leasing to the holder of the pre-leasing right cannot reasonably be imposed on the lessor.
1. The leasing of mountain pastures must be subject to official publication with indication of the leasing conditions, until October 31 of the year preceding the commencement of the term.
2. The municipality where the mountain pasture is wholly or partially situated displays the leasing offer and publishes it in its official announcements at the expense of the lessor.
3. The leasing does not need to be published when
a) the lessor, before October 31, enters into a lease agreement that excludes the pre-leasing right as defined in Article 3, paragraph 5;
b) the lease is renewed.
1. Anyone who intends to exercise the right of preference lease must inform the lessor in writing within thirty days following the publication of the lease offer.
2. If several holders of the right of preference lease express their intention to lease, the lessor decides with which of them he wishes to conclude the agricultural lease contract.
3. If no holder of the right of preference lease comes forward within the prescribed period, the lessor may conclude the agricultural lease contract with a third party.
1. The landlord shall immediately inform in writing the rightful claimants to preemption rights who were excluded from the choice of the person with whom he has concluded the agricultural lease contract.
2. Anyone who believes they benefit from a right of preemption may initiate an action to assert their right within thirty days from the written communication by the landlord of the conclusion of the contract with a third party or from the day they became aware of the contract's conclusion, but no later than within three months from the third party taking possession.
[2] 1 If the civil court finds that a person has the right of pre-leasing, the third party who has taken possession must vacate and return the mountain pasture by October 31 of the current year.
2. The lessor is liable for any damage caused to the third party resulting from the repossession of the lease by the holder of the pre-leasing right.
The right of pre-lease in the case of the leasing of mountain pastures does not preclude the procedure of opposition against the supplementary lease.
The initial duration of a farm lease involving vineyards of fifteen ares or more leased to the same person is fifteen years.
1 The Council of State designates the competent department to rule on
f) the opposition to the leasing of a property.
2. The competent department rules on the requests for findings related to these objects.
1. The State Council appoints an independent commission outside of the administration to file an opposition with the competent department against the supplementary leasing and the leasing of a building, within the meaning of Articles 33 and 43 of the LBFA.
2. The State Council enacts the necessary regulations regarding the organization of the commission, which is composed of members representing the concerned sectors.
[3] The Cantonal Court is designated as the appellate authority.
[4] The Council of State may delegate to an independent body outside of the administration the responsibility to estimate the rent for a business or an agricultural property.
Subject to the mandatory provisions of federal law, the procedure is governed by the Administrative Procedure and Jurisdiction Act (APJA) of March 18, 2025 [5].
[6]
1. The competent authorities under the former law shall rule on the pending proceedings at the time of the entry into force of this Act.
2. The means of appeal are governed by the new law.
Articles 13, 13a, 13b, and 14 of the Introductory Law to the Federal Act on the Maintenance of Rural Land Ownership, dated December 19, 1952 [7], are repealed.
1. This law is subject to an optional referendum.
2. The Council of State shall provide, if necessary, for its promulgation and execution, and shall set its date of entry into force.
Law promulgated by the Council of State on December 8, 1986.
The entry into force is set with effect from January 1, 1987.
Approved by the Federal Council on November 11, 1986.