Questione giuridica chiave
Whether the renovation works qualified as a comprehensive overhaul allowing a 50%-70% lump-sum value-increase charge under Art. 14 VMWG
Decisione estratta
No. Because the disputed works were limited to clearly identifiable kitchen and window renovations, their value-preserving and value-increasing shares had to be assessed individually; the lump-sum rule did not apply.
Motivazione estratta
Art. 14(1) sentence 2 VMWG is subsidiary to the concrete determination of the value-increasing share under sentence 1. The comprehensive-overhaul presumption is meant to simplify difficult mixed cases, but not where the relevant work categories can be separately assessed.