Facts
In this case, the Federal Appraisal Commission had to decide how to calculate the compensation for a rental property affected by aircraft noise. The property belonged to the complainants X. and Y. and was exposed to the aircraft noise of Zurich Airport. The Commission had to determine the reduction in value of the property due to the noise pollution.Considerations
The Federal Supreme Court states that in the case of rented multi-family houses used for residential purposes, the noise-related loss in value is not easy to determine. In contrast to single-family houses and condominium ownership, where the market value reacts relatively quickly to external influences such as noise pollution, the income situation of rental properties only deteriorates slowly with increased noise. Most tenants are reluctant to move and are more inclined to tolerate the increased noise. Rent reductions due to immission impairments are difficult to enforce in practice.
Therefore, for income-generating properties used for residential purposes and not suitable for a less noise-sensitive use, a schematic assessment of the aircraft noise-related damage must be carried out. The Federal Supreme Court refers the dispute back to the Federal Appraisal Commission, which has specialized judges and is familiar with the local conditions.
However, the Federal Supreme Court provides the Commission with some guidelines for the schematic determination of the reduction in value: The MIFLU model, developed to determine the noise-related loss in value of owner-occupied residential property, can serve as an indicator for the impairment of…