Facts
E.H. and A.M. intended to sell six properties with a total area of around 14,300 m2 to F.F. The Department of Economic Affairs of the Canton of Schwyz determined that the properties are subject to the scope of the Federal Act on Rural Land Law (BGBB). The appeal by E.H., A.M. and F.F. against this decision was dismissed by the cantonal Administrative Court.
The Federal Supreme Court overturned the decision of the Administrative Court and found that the properties are not subject to the scope of the BGBB. Each of the six parcels constitutes a separate property that does not reach the legal minimum area of 25 ares for other land and does not belong to an agricultural enterprise. Therefore, the properties fall outside the scope of the Act pursuant to Art. 2 para. 3 BGBB.
Considerations
The wording of Art. 2 para. 3 BGBB is clear: the Act does not apply to small properties of less than 25 ares that do not belong to an agricultural enterprise. An addition of the areas of several small properties of the same owner is not provided for.
The Administrative Court and the Federal Department of Justice and Police had argued that the legislator intended to aggregate the areas of small properties to prevent circumvention. However, the Federal Supreme Court sees no basis for this in the wording of…