Federal Act
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Art. 24b Non-agricultural subsidiary operations outside building zones 51
1 Should an agricultural business within the meaning of the Federal Act of 4 October 199152 on Rural Land Rights be unable to survive without an additional source of income, a permit may be granted for construction work related to a non-agricultural subsidiary operation which is closely related to the primary concern and located in existing buildings and installations.53 The requirement set out in Article 24a need not be met. 1bis Irrespective of whether an additional source of income is required, a permit may be granted for subsidiary operations with a close practical connection to an agricultural business; for this purpose, a permit may be granted for modest expansions where no space or insufficient space is available in the existing buildings and installations.54 1ter In the case of temporary operating centres, a permit may be granted for construction work only in the existing buildings and installations and only for subsidiary operations offering accommodation and restaurant services.55 1quater In order to avoid distortions of competition, non-agricultural subsidiary operations must satisfy the same statutory requirements and general conditions as commercial operations in similar situations in the building zone.56 2 The subsidiary operation may be run only by the manager of the agricultural business or his or her spouse or cohabitee. Employees who work mainly or exclusively for the subsidiary operation may only be employed for subsidiary operations in accordance with paragraph 1bis. In every case, the work of this part of the business must be predominantly carried out by the managing family.57 3 The existence of the subsidiary operation must be recorded in the Land Register. 4 Non-agricultural subsidiary operations constitute integral parts of the agricultural business and are subject to the prohibition of division and fragmentation of property pursuant to Articles 58–60 of the Federal Act of 4 October 1991 on Rural Land Rights. 5 The provisions of the Federal Act of 4 October 1991 on Rural Land Rights with respect to non-agricultural businesses do not apply to subsidiary operations. 51 Inserted by No I of the FA of 20 March 1998, in force since 1 Sept. 2000 (AS2000 2042; BBl 1996 III 513). 53 Amended by No I of the FA of 23 March 2007, in force since 1 Sept. 2007 (AS2007 3637; BBl 2005 7097). 54 Inserted by No I of the FA of 23 March 2007, in force since 1 Sept. 2007 (AS2007 3637; BBl 2005 7097). 55 Inserted by No I of the FA of 23 March 2007, in force since 1 Sept. 2007 (AS2007 3637; BBl 2005 7097). 56 Inserted by No I of the FA of 23 March 2007, in force since 1 Sept. 2007 (AS2007 3637; BBl 2005 7097). 57 Amended by No I of the FA of 23 March 2007, in force since 1 Sept. 2007 (AS2007 3637; BBl 2005 7097). BGE
128 II 222 () from 26. Juni 2002
Regeste: Art. 24b Abs. 1 RPG, Art. 40 Abs. 2 RPV; nichtlandwirtschaftliche Nebenbetriebe ausserhalb der Bauzone; örtliche und sachliche Nähe zum landwirtschaftlichen Gewerbe. Bei der Beurteilung der Betriebsnähe nichtlandwirtschaftlicher Nebenbetriebe ausserhalb der Bauzone ist in erster Linie die örtliche Nähe zum landwirtschaftlichen Gewerbe entscheidend. Daneben ist auch die sachliche Nähe zu berücksichtigen (E. 3). |