The mortgage reference rate was introduced in 2008 with the aim of harmonizing the rent structure on the nationwide Swiss level. It is determined quarterly by the Federal Office of Housing (FOH) and is decisive for rent adjustments in existing tenancies. Since its introduction, the mortgage reference rate has fallen steadily and reached a historic low of 1.25% on March 3, 2020, at which it had since remained set.
Today, the FOH increased the mortgage reference rate for the first time in over 14 years, setting it at 1.5%. The new mortgage reference rate will apply from June 2, 2023.
If the required contractual conditions under the relevant lease agreements are in place, this adjustment of the mortgage reference rate entitles the landlord to unilaterally increase the rent by up to 3% (subject to further increases based on other factors such as inflation) as of the next possible termination date.
Landlords who wish to exercise this right may assert these increases in compliance with the contractual and statutory form and deadline requirements. In any case, increases must be notified using an official form, must include a justification and must be delivered at least 10 days before the start of the notice period. When sending the rent increase notification by registered letter, it should be noted that in case of failed delivery on first attempt, delivery is deemed to have taken place only after the expiry of the postal seven-day collection period.
The tenant has the right to terminate the lease agreement within the cooling-off period or to contest the rent increase within a 30-day period starting from notification of the rent increase.

Increase of the mortgage reference rate

Corporate / M&A

Real Estate

Financing and Investment Products

Australian-Super-web-640x140

Homburger News

Share-Image Teamplate Deals-and-Cases

On September 12, 2023, AustralianSuper Pty Ltd. (AustralianSuper) announced the signing of a EUR 1.5 bn deal with DigitalBridge Group to acquire a significant minority stake in Vantage Data Centers Europe, Middle East and Africa (Vantage EMEA).
AustralianSuper will join DigitalBridge as key shareholder in Vantage EMEA, one of the fastest growing hyperscale data center platforms in the region. The deal will support Vantage EMEA’s ambitious growth plans and enable the expansion and development of hyperscale data centers across EMEA to meet the growing demand from global big data and cloud computing companies.
Homburger AG acted as Swiss legal counsel to AustralianSuper on this transaction. The Homburger team was led by Dieter Gericke (Corporate / M&amp;A) and included Claudine Schär and Giulia Meier (both Corporate / M&amp;A), Stefan Gäumann and Dominique Burà (both Real Estate) and Stefan Bindschedler (Financing and Investment Products).
Herbert Smith Freehills acted as lead counsel to AustralianSuper.

Homburger advised AustralianSuper Pty Ltd. on its EUR 1.5 bn investment in Vantage Data Centers Europe

Employment and Executive Compensation

IP / IT

Healthcare / Life Sciences

Competition

Regulatory

Novartis

On August 22, 2023, Novartis (SIX: NOVN) announced that it had agreed to transfer its real estate and certain infrastructure-related assets and services pertaining to the Life Science Park Rhine Valley in Stein, Canton of Aargau, Switzerland, to the industrial park operator Getec. Currently, almost 2,000 employees work in pharmaceutical and biotechnology companies on the Life Science Park Rhine Valley.
Upon completion of the transaction, the management and further development of the life science park will be taken over by Getec. The transfer is expected to be completed by the end of 2023 and 25 employees will move from Novartis to Getec.
Homburger advises Novartis alongside Freshfields Bruckhaus Deringer on the Swiss law and tax aspects of the transaction. The Homburger team is led by Daniel Häusermann (Corporate / M&amp;A, Real Estate) and includes Olivier Bühlmann, Daniel Kuhn (both Corporate / M&amp;A, Real Estate), Stefan Gäumann (Real Estate), Oriana Schöni (Corporate / M&amp;A), Reto Heuberger, Peter Müller and Philippe Weber (all Tax), Jürg Frick (Financing and Investment Products), Gregor Bühler and Marc Bircher (both Employment), Andri Hess (IP / IT, Healthcare / Life Sciences), Allegra Arnold and Katharina Bratvogel (both Competition, Regulatory), as well as other professionals.

Homburger advises Novartis on the transfer of the Life Science Park Rhine Valley to Getec

Homburger for Aequita

AEQUITA entered into an agreement to acquire the Swiss Glassolutions business from Saint-Gobain. The acquisition that is expected to close in May 2023 will further strengthen AEQUITA&#8217;s specialty glass division vandaglas.
AEQUITA is a Munich-based, privately held German industrial group, investing in special situations such as corporate carve-outs, successions and recovery situations across Europe.
Homburger acts as transactional counsel to AEQUITA. The team included Andreas Müller and Stefan Luginbühl (both Corporate/M&amp;A), Reto Heuberger and Philippe Weber (both Tax), Richard Stäuber (Competition) as well as Stefan Gäumann (Real Estate).

Homburger advises AEQUITA on its acquisition of Saint-Gobain's Swiss Glassolutions Business

Stefan Gäumann was admitted to the bar in 2010. He has broad dispute resolution experience in a variety of industry sectors, both in domestic and international disputes and proceedings. The focus of his practice are construction and real estate matters. Stefan Gäumann is a Swiss Bar Association certified specialist in Real Estate and Construction law and successfully advises and represents clients in complex and large scale construction projects and other real estate relates issues.

Stefan
Gäumann

Homburger advised AustralianSuper Pty Ltd. on its EUR 1.5 bn investment in Vantage Data Centers Europe

Homburger advises Novartis on the transfer of the Life Science Park Rhine Valley to Getec

Homburger advises AEQUITA on its acquisition of Saint-Gobain's Swiss Glassolutions Business

Increase of the mortgage reference rate

Das Verfahren der dringlichen Feststellung gemäss SIA-Norm 150

Vernehmlassung Änderung BewG

Die Querfinanzierung von strukturierten Beherbergungsbetrieben gemäss Zweitwohnungsgesetz

Join the Team

Stefan Gäumann

Career

Languages

Bar Registration

Teams

StefanGäumann

Homburger advised AustralianSuper Pty Ltd. on its EUR 1.5 bn investment in Vantage Data Centers Europe

Homburger advises Novartis on the transfer of the Life Science Park Rhine Valley to Getec

Homburger advises AEQUITA on its acquisition of Saint-Gobain's Swiss Glassolutions Business

Increase of the mortgage reference rate

Das Verfahren der dringlichen Feststellung gemäss SIA-Norm 150

Vernehmlassung Änderung BewG

Die Querfinanzierung von strukturierten Beherbergungsbetrieben gemäss Zweitwohnungsgesetz

Join the Team

Stefan Gäumann

Career

Languages

Bar Registration

Teams

Stefan
Gäumann