Agriculture Act (AgricA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 General Provisions
Art. 87 Purpose
The Confederation shall support structural improvements in order to: a. improve the competitiveness of farms; b. improve working and living conditions on farms; c. protect and improve agricultural production capacity; d. promote environmentally and animal-friendly production; e. enhance rural areas, particularly mountain areas.
Art. 87 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 87a Supported measures
1 The Confederation shall support: a. the following structural improvements in the ground: 1. land improvements, 2. agricultural transport infrastructure, 3. installations and measures related to soil improvement and water balance, 4. basic infrastructure in rural areas; b. the following structural improvements above ground: 1. buildings and installations used to process, store or market regional agricultural products, 2. farm and residential buildings and installations, 3. diversification of activities in the para-agricultural sector; c. regional development projects; d. the following additional structural improvement measures: 1. measures to promote animal health and exceptionally environmentally and animal-friendly production, 2. measures to promote cooperation between different farms, 3. measures to promote the acquisition of farms and land. 2 Communal measures and measures concerning individual farms are supported.
Art. 87a — Inserted by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 88 Requirements for support for communal measures
1 Communal measures and comprehensive communal measures are supported. 2 Communal measures are supported if the following farms are affected to a significant extent: a. at least two farms as described in Article 89 paragraph 1 letter a; b. a summer grazing farm; or c. a small farm involved in the first stage of processing. 3 Comprehensive communal measures are supported if they: a. cover a naturally or economically defined area; and b. promote ecological balance and connecting corridors between biotopes.
Art. 88 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 89 Requirements for support for measures concerning individualfarms
1 Measures concerning individual farms shall be supported if the following requirements are met: a. the farm must provide an existence in the longer term, if necessary with a second income from outside the agricultural sector, and require an appropriate and at least a normal amount of labour; b. the applicant must run the farm in a commercially successful manner; c. the farm must be able to provide proof of ecological performance under the terms of Article 70a paragraph 2 after the investment; d. the funding and acceptability of the planned investment in view of future economic conditions must be guaranteed; e. the applicant must contribute his or her own funds and loans as far as possible; f. the applicant must have a suitable training; g. the owner must run their own farm or do so after investment; h. the tenant farmer must prove that they have the right to carry out structural measures or, in the case of investment loans, that the tenancy agreement has been entered in the land regis
Art. 89 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 1 let. a — Amended by No I of the FA of 20 June 2003, in force since 1 Jan. 2004 (AS 2003 4217; BBl 2002 4721, 7234). Para. 1 let. b — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 1 let. c — Amended by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 1 let. d — Amended
Art. 89a Neutrality in relation to competition
1 The project must be designed so as not to compromise neutrality in relation to competition vis-à-vis the traders in the relevant catchment area who are directly affected. 2 Before the project is approved, the cantonal authorities decide whether it is neutral in relation to competition. 3 The directly affected traders in the relevant catchment area and their professional organisations and branch associations may be consulted. The Federal Council shall stipulate the details. 4 Traders who have not lodged an official objection regarding neutrality in relation to competition within the time set out under cantonal legislation may not do so at a later date. [tab] 5 If neutrality in relation to competition is confirmed through a legal decision, appeals may no longer be lodged.
Art. 89a — Inserted by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075).
Art. 90 Protection of objects of national importance
The federal inventories of objects of national importance are binding in relation to structural improvements subsidised by the Confederation.
Art. 91 Repayment in the case of a profit on a sale
1 If the farm or a part thereof that is subsidised is sold at a profit, the vendor must repay investment loans for individual measures as follows: a. all loans must be repaid unless the last payment was made more than 20 years earlier; b. any outstanding amounts must be repaid. 2 The payments must be made immediately after the sale.
Para. 1 — Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 1 let. b — Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337).
Art. 92 Monitoring
Structural improvements are monitored by the cantonal authorities during work and after completion.
Chapter 2 Subsidies
Section 1 Granting of Subsidies
Art. 93 Basic principle
1 The Confederation shall support structural improvements within the limits of the approved credits by granting subsidies. 2 The subsidy shall amount to a maximum of 50 per cent of the allowable costs. In exceptional cases, the subsidy may be raised to a maximum of 60 per cent of the allowable costs. 3 Federal subsidies are granted only on condition that an appropriate contribution is made by the cantonal authorities, including its public territorial authorities, and on condition of a minimum participation by the agency responsible for the project. 4 To repair especially serious damage due to exceptional natural occurrences, the Confederation may grant a supplementary subsidy of a maximum of 20 per cent of the allowable costs if the required work cannot be paid for even with an appropriate contribution from the cantonal authorities, the local authorities and public funds. 5 The Federal Council shall set the subsidy rates, the allowable costs and the exemptions. It shall graduate the su
Art. 93 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 94
Repealed by No I of the FA of 16 June 2023, with effect from 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 95 Subsidies for measures for individual farms
Subsidies for measures for individual farms shall be granted in accordance with Article 87a paragraph 1 letter a numbers 2–4, letter b and letter d number 1.
Art. 95 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 96 Subsidies for communal measures
Subsidies for communal measures shall be granted in accordance with Article 87a paragraph 1 letter a, letter b numbers 1 and 2, letter c and letter d number 2.
Art. 96 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 97 Project approval
1 The cantonal authorities approve the projects that are supported with federal subsidies. 2 If a federal inventory is concerned, the cantonal authorities shall ask the FOAG for its opinion in good time. 3 They make the project available to the public and publish it in the official cantonal gazette is not required for projects that do not require a concession or planning permission under federal or cantonal legislation. 4 They give organisations that play a legitimate role in relation to the protection of nature and cultural heritage, the environment or public hiking paths an opportunity to lodge an objection concerning the projects published in the official cantonal gazette. 5 If necessary, the FOAG consults other federal agencies whose scope of activity also covers the project. It informs the cantonal authorities of the requirements and obligations entailed in the granting of a subsidy for that project. 6 … 7 The FOAG shall decide whether or not to grant a subsidy only after the proj
Para. 1 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 2 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955). Para. 3 — Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 4 — Amended by No I of the FA of 22 June 2007, in force since 1 Jan. 2008 (AS 2007 6095; BBl 2006 6337). Para. 6 — Repealed by No I of the FA of 16 June 2023, with
Art. 97a
Inserted by No II 29 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (AS 2007 5779; BBl 2005 6029). Repealed by No I of the FA of 16 June 2023, with effect from 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 98 Funding
The Federal Assembly shall by simple federal decree approve a multiple-year guarantee credit in order to guarantee the contributions for measures under Article 87a paragraph 1.
Art. 98 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Section 2 Connection with Other Works, Reapportion
Art. 99 Connection with other works
1 The owners of land, works or installations that are subsidised must accept connections with other works if appropriate in view of natural and technical circumstances. 2 The cantonal authorities shall decide on such connections as well as appropriate compensation for the use of existing works insofar as such compensation is justified.
Art. 100 Prescribed land reapportionment
The cantonal government may order land reapportionment if the interests of agriculture are affected by public works or land-use planning.
Art. 100 — Amended by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075).
Art. 101 Contractual land reapportionment
1 Several land-owners may agree in writing on the reapportionment of land. Such an agreement should indicate the properties that are included in the reapportionment and must provide for the settlement of any burdens on the properties as well as the sharing of costs. 2 Cantonal approval of the reapportionment shall replace the public deed containing the agreement on the transfer of ownership. The cantonal authorities may not levy any taxes on the transfer of ownership or similar charges. 3 Article 802 of the Swiss Civil Code applies to the transfer of charges immovable property and Article 954 paragraph 2 of the Swiss Civil Code applies to entries in the land register. 4 The cantonal authorities are responsible for further procedures.
Para. 3 — SR 210
Section 3 Security for Structural Improvements
Art. 102 Ban on change of use and parcellation
1 Properties, works and installations, and agricultural buildings that have been improved through federal subsidies may not be used for any other purpose during a 20-year period after the last payment of the federal subsidy; moreover, land that has been included in a reapportionment may not be split up into smaller properties. 2 Any person who breaches this ban on change of use or parcellation must repay the subsidy received from the Confederation and repair any damage that has been done. 3 The cantonal authorities may allow exceptions to the ban on change of use and parcellation if good reason can be shown. They decide whether the subsidies paid out should be repaid in full or in part or whether repayment should be waived.
Art. 103 Maintenance and use
1 The cantonal authorities verify whether, after structural improvements subsidised by the Confederation have been carried out: a. cultivated land and uncultivated buffer strips and biotopes are being used appropriately; b. works, installations and agricultural buildings are being maintained in good order. 2 In the case of gross neglect regarding farming or maintenance, as well as inappropriate care, the cantonal authorities may be required to demand repayment of the subsidies. The cantonal authorities may take recourse against the recipients.
Art. 104 Entry in the land register
1 Entries shall be made in the land register concerning the ban on change of use and division, the mandatory maintenance and appropriate use and the repayment obligation. 2 The cantonal authorities shall inform the land registry ex officio. 3 The Federal Council may allow exceptions regarding the mandatory entries in the land register. It shall also regulate on the deletion of such entries.
Chapter 3 Investment Loans
Art. 105 Basic principle
1 The Confederation shall support structural improvements with investment loans. 2 It shall provide funds for investment loans to the cantonal authorities. 3 The cantonal authorities shall grant investment loans interest-free. 4 Loans must be repaid within 20 years. 5 If the loan is secured by a mortgage, the order from the authorities granting the loan may replace the public deed containing the mortgage agreement. 6 The Federal Council shall set the investment loan amounts and the repayment methods. 7 It may stipulate requirements and obligations relating to the granting of subsidies.
Art. 105 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 106 Investment loans for measures for individual farms
Investment loans for measures for individual farms shall be granted in accordance with Article 87a paragraph 1 letter b and letter d numbers 1 and 3.
Art. 106 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 107 Investment loans for communal measures
1 Investment loans for communal measures shall be granted in accordance with Article 87a paragraph 1 letters a, b, c and d number 2. 2 In the case of larger communal projects, support may be granted in the form of building loans.
Art. 107 — Amended by No I of the FA of 16 June 2023, in force since 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 107a
Inserted by No I of the FA of 22 June 2007 (AS 2007 6095; BBl 2006 6337). Repealed by No I of the FA of 16 June 2023, with effect from 1 Jan. 2025 (AS 2024 623; BBl 2020 3955).
Art. 108 Approval
1 If a single loan or a loan combined with the balance of earlier investment loans and financial support exceeds a certain sum (limit), the cantonal authorities shall submit their decision to the FOAG for approval. The Federal Council decides on the limit. 1bis The FOAG decides whether to grant an investment loan only when the project has come into effect. 2 The FOAG shall inform the cantonal authorities within 30 days whether it approves the decision or not. 3 If support is granted in the form of a building loan as per Article 107 paragraph 2, the balance of earlier loans is not taken into account.
Para. 1bis — Inserted by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075). Para. 2 — Amended by No I of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463, 3863; BBl 2012 2075).
Art. 109 Calling in a loan
1 The cantonal authorities may call in an investment loan if they have good cause for doing so. 2 In cases of hardship, interest may be charged on the loan instead of calling it in.
Art. 110 Appropriation of repayments and interest
1 The cantonal authorities shall use repayments of loans and interest for new investment loans. 2 If the amounts paid back to the cantonal authorities and the interest exceed their needs, the FOAG may: a. call in the unwanted amounts and pass them on to another canton; or b. make them available to the canton for financial support.
Art. 111 Losses
The cantonal authorities are liable for losses incurred in connection with investment loans, including any legal costs.
Art. 112 Administrative expenses
The cantonal authorities are liable for administrative expenses.