Regulation on the Application of Federal Provisions Concerning the Lease of Residential and Commercial Premises and Tenancy

The Department of Institutions is the competent authority for the execution of the law concerning the application of federal provisions on the lease of residential and commercial premises and on tenancy.

1 The expert carries out neutral and independent technical assessments of the leased property upon written request from lessors, tenants, and conciliation offices.

2 The expert performs judicial appraisals only at the request of the District Courts and conciliation offices; the procedure and remuneration are governed by the Code of Civil Procedure of 19 December 2008. [2]

3 The expert keeps a progressive record of the interventions carried out, including the request for intervention and a copy of the report; at the end of their activity, the expert hands over the archive to the appointing authority.

[2] Para. amended by R 9.11.2010; in force since 1.1.2011 - BU 2010, 444.

1 The intervention of the expert does not replace the obligations of the parties regarding the notification of damages and the procedure for defects of the leased property.

2 The expert directs the site inspection called to perform the technical assessments and may request from the parties the delivery of a copy of the lease agreement.

1 The technical findings of the expert witness must, as a rule, occur in the presence of the interested parties, who must be summoned, preferably in writing, by the expert witness himself; the absence of a party does not, however, preclude the expert witness's findings, and the expert may also request clarifications from the parties present.

2 At the request of a party, and in cases where the summoning of the opposing party could prejudice the outcome, the expert witness may conduct the findings in the sole presence of the requesting party.

3 During the site inspection, the expert witness does not draw up any report.

4 The technical findings of the expert witness have probative value.

5 The expert witness is not authorized to use assistants or other experts in the context of their technical findings.

1 The expert's technical findings are recorded in a written report, which the expert sends without delay to the parties or to the Conciliation Office if it ordered the expert's intervention; the report indicates the place and date, the requesting party, the subject, the date of the on-site inspection, and the parties who participated in it.

Any photographs, plans, and sketches that elucidate the report itself must be attached to the report.

2 The report indicates any difficulties or impediments encountered in carrying out the findings and may include observations made by the parties.

3 The report is limited to ascertaining the factual situation and estimating the age of the object; the expert may not pronounce on other issues.

The expert's intervention is excluded if the expert has already performed private appraisals on the same subject matter unrelated to the lease agreement.

1 The costs of the expert's intervention are borne by the requesting party, subject to Art. 2 para. 2.

2 The party requesting the intervention must advance the foreseeable costs estimated by the expert, who shall transmit to that party, together with the report, the invoice for expenses.

The expert receives an hourly fee of CHF 80.-- (VAT included), with a minimum of CHF 80.-- per intervention, to which out-of-pocket expenses may be added.

This Regulation shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on July 1, 2005.

Published in OB 2005, 166.