REGULATION on the housing conditions in rectories owned by the State (RCLC) - Object (RCLC)

1. This regulation sets forth the housing conditions for ministers (pastors and deacons) who are required to reside in a parsonage pursuant to Article 24, paragraph 2 of the Law of November 2, 1999, on the Evangelical Reformed Church of the Canton of Vaud (hereinafter referred to as the Church Law) [A].

1. The relations between the State and the ministers who are obliged to reside in a parsonage within the meaning of Article 24, paragraph 2 of the ecclesiastical law [A], fall under public law, the parsonage being official accommodation.

2. The relations between the State and the ministers who do not have this obligation to reside, as well as the relations between the State and third parties who rent a parsonage, fall under private law.

1. In principle, the minister resides in the parsonage upon assuming office.

2. The Management and Procurement Service (hereinafter: the Service) resolves specific cases where entry into the parsonage should be deferred.

1. Upon the minister's arrival and in his presence, an inventory of the premises, including an inventory and condition of the accessories, shall be drawn up in two copies by the Service.

2. The inventory of the premises is to be established, if possible, in vacant premises.

3. If the minister does not attend the inventory of the premises, the Service shall establish it alone and communicate it to him. The minister must, upon receipt of the document and without delay, report any unnoted defects to the Service; otherwise, the inventory of the premises shall be deemed accepted.

1. The constitution of a security deposit is not required.

1. The Minister is required to obtain insurance covering the civil liability he assumes due to providing the cure with sufficient coverage for any damages that may occur to the building and its equipment.

2. He has the obligation to obtain fire insurance for movable property from the ECA.

3. The Minister alone bears the consequences of failing to comply with these obligations, completely exonerating the owner.

1. The criteria taken into consideration for setting the occupancy indemnity notably include the following

- the surface area of the dwelling;

- the equipment of the dwelling;

- the location;

- the type of housing.

1. The Service determines the amount of the occupancy compensation for the rectory.

2. It respects the right to be heard of the interested parties.

1. Pastors with the obligation to reside in the parish house and who dedicate at least 50% of their work to the service of the Evangelical Reformed Church of the Canton of Vaud (hereinafter: EERV) benefit from a 22.5% reduction calculated on the occupancy allowance.

2. Deacons with the obligation to reside in the parish house and who dedicate at least 50% of their working time to the service of the EERV benefit from a 35% reduction calculated on the occupancy allowance.

1. Suffragans who are required to reside in the parish and who dedicate at least 50% of their working time to the service of the EERV are entitled to a 35% reduction calculated on the occupancy allowance.

1. The Synodal Council of the EERV submits any particular situation to the Service, which will be subject to careful examination.

1. The occupancy indemnity may be modified proportionally to the variation of 4/5ths of the change in the Swiss consumer price index.

2. The base index is that of January 2001.

3. This variation can only be notified by the Service once per year, with a written notice of three months for the beginning of a month.

1. Increases in the compensation for use based on improvements resulting in added value must equitably cover the expenses of interest, amortization, and maintenance resulting from the investment.

2. In the case of significant renovations, the compensation for use must be recalculated in accordance with Article 7.

1. The Occupancy Fee Does Not Include Charges. These are defined in the house regulations provided for in Article 18 below.

1. Taxes related to the occupation of the premises (sewage, waste removal, etc.) are the responsibility of the occupant.

1. The first installment of the occupation indemnity must be paid upon the minister's entry into the rectory.

1. The Service may, in the event of a delay exceeding two months in the payment of the occupancy indemnity and after formal notice, collect the payment of the occupancy indemnity by withholding from the minister's salary, in agreement with the Department concerned.

1. The other respective obligations of the parties are governed by house rules established by the Service.

1. For the remainder, Articles 257f; 257g; 257h; 259; 259a, paragraph 1, letters a to c; 259d; and 259e of the Code of Obligations [C] apply by analogy.

1. The minister who leaves the rectory shall inform the Service as soon as the date of departure is known.

1. For the delivery of the premises, the premises shall be kept free of equipment, except for parish equipment and objects owned by the State.

2. On this occasion, the minister shall comply with the instructions given by the Service and the house regulations.

1. Upon the departure of the minister and in his presence, an inventory report, also including the inventory and condition of the accessories, is drafted in two copies by the Service.

2. Article 4, paragraphs 2 and 3, applies by analogy.

3. The minister shall return the keys of the parish house to the Service, including any keys he may have had made.

4. The mere handing over of the keys does not release the parties from any obligations they may have towards each other.

1. The Department of Finance is responsible for the enforcement of this regulation, which comes into effect on January 1, 2001.