Building Ordinance (BauV) - Regional Development Plan (Section 12a Construction Act) (BauV)

1. The subject of a regional sectoral plan includes supra-municipal matters of spatial development, which the affected municipalities regulate together, namely

a) Measures for the development of an agglomeration,

b) Measures for settlement development,

c) Measures for traffic flow management (parking guidance systems) and parking (provision, limitation, and management of parking spaces),

d) Measures for the enhancement of street spaces,

e) Measures for landscape development (local recreation, agglomeration parks, implementation of landscape development programs),

f) Energy planning and measures for the use of grid-bound energies,

g) Measures concerning water supply, wastewater, and waste,

h) Site designations for public facilities such as recreational, sports, and tourism facilities as well as transfer facilities for combined transportation.

2. Regional sectoral plans typically contain information about the spatial arrangement of measures and the procedure (sequence, targeted time periods, and financing).

1. The Municipal Comprehensive Traffic Plan establishes the transportation development goals for a municipality for the next 10 to 15 years. It incorporates all aspects of mobility and outlines how traffic capacities should be coordinated with settlement development.

2. In coordination with settlement development as well as existing and planned uses, the following must be addressed

a) * the capacities of the road network and the classification of municipal roads,

b) * the supply of public transport and its infrastructure (e.g., stops),

c) * the quality and density of pedestrian and bicycle traffic networks,

d) * the number and quality of bicycle parking spaces at public transport stops,

e) * the assessment and, if necessary, limitation, reduction, and management of private, public, and publicly accessible parking spaces,

f) * the possibilities of mobility management for the target groups of the population and traffic generators.

3. Possible additional contents include in particular

a) detailed analysis of weaknesses in pedestrian and bicycle traffic networks,

b) school traffic,

c) operation and design of street space, focusing on safety, quality of stay, and noise pollution,

d) issues of cut-through traffic and traffic flow management,

e) burdens from heavy traffic,

f) the planning integration of mobility management,

g) need for action at transfer facilities of combined mobility.

1. The municipal council appropriately involves the regional planning associations in the drafting of the regional sectoral plans and the municipal overall traffic plan. It has the plans preliminarily assessed by the cantonal specialist office before inviting the public to participate.

2. The cantonal authority approves the plan contents designated as binding if they are lawful, comply with the master plan, and adequately take into account the cantonal and regional interests.

1. The municipality indicates during general revisions or more comprehensive partial revisions of land use planning in particular,

a) what usage reserves exist in the construction area,

b) measures to increase and utilize usage reserves in the built-up and undeveloped construction zones,

c) how the undeveloped construction zones are made available in a timely and practical manner,

d) * how the residential quality and the quality of outdoor and local recreational areas are improved, particularly through measures for local heat reduction, biodiversity promotion, and noise reduction,

e) * with which concepts and measures a high quality of settlement is achieved when the newly zoned area is contiguous and larger than 5,000 m².

2. It coordinates settlements and traffic in rezoning and conversion zoning and explains,

a) what traffic generation is to be expected from the new zoning and how the additional traffic will be managed,

b) how an appropriate connection to public transportation is achieved and how infrastructure facilities for slow traffic are made attractive,

c) how it influences traffic through suitable regulation of the type and density of usage, particularly through more specific zoning regulations for industrial and commercial zones, as well as through optimal location selection for uses with high traffic volume.

3. The scope of the elaborations depends on the significance of the planning.

1. Development plans may include provisions related to the development and enhancement of the roadway area. They may, in particular, regulate

a) Facilities for parking, slow traffic, and public transport,

b) Noise protection measures,

c) Open space and meeting zones,

d) Landscaping,

e) Aesthetic integration into the landscape and local image.

2. Traffic regulations are issued in accordance with traffic law procedural provisions. If they are part of a resolution within a road construction project or a development plan, this must be explicitly indicated.

1. Street lines designate the spatial extent of new or newly designed traffic routes. They encompass those areas that must be ceded for the construction or expansion of traffic routes.

2. The special use plan must include a note that the land within the approved street lines can be expropriated if it is needed for road construction.

3. If enclosures are permitted to be set closer to or on the street line, this must be marked with a "building line for enclosures."

1. Contour lines designate the elevations of the road axes. The level of the road edges can be determined by auxiliary contour lines.

1. In addition to the components of the development plan, the design plan may contain additional provisions, particularly concerning

a) the location, size, nature, and design of buildings and facilities, distances, landscaping, and terrain design,

b) the type and extent of use, ancillary facilities, and parking spaces,

c) regulations in the interest of nature conservation, townscape, monument, water, and environmental protection, as well as the quality of settlements,

d) regulations on energy-efficient construction.

2. Unless otherwise determined by the municipalities, design plans may deviate specifically from the general land use plans with respect to

a) construction methods, building volume (but no more than an additional story), building design (building and roof shape), and distances,

b) type of use, insofar as overriding protection interests (noise protection, monument protection, etc.) require it,

c) reduction in the number of parking spaces,

d) noise sensitivity levels, in the case of areas previously exposed to noise according to Art. 43 para. 2 of the Noise Abatement Ordinance (NAO) of December 15, 1986.

3. In the case of deviations from the general land use plan, the municipal council must demonstrate how these result in a better settlement and landscape design outcome.

4. In the design plan area, the regulations for large-site developments are not applicable.

1. The municipal council, in coordination with the department, establishes objectives and measures for cantonal roads where the development plan mandates an upgrade of the road space, in order to enhance the road spaces and public open spaces and to improve residential quality. It specifically determines the arrangement, design, and construction standard of buildings, facilities, and open spaces and provides specifications for effective emission protection.

2. It may also establish objectives and measures along the remaining cantonal roads.

3. It may issue special use plans for the implementation.

1. The municipal council publishes the public notice of drafts of land use plans in advance in the official publication medium of the municipality as well as in the cantonal official gazette.

1. A minor amendment to the general zoning plan, determined by the municipal council, may affect an area of no more than 200 m² in a contiguous territory. Existing road areas are not included in the calculation.

1. If an adjustment to the structure plan is necessary for a land-use plan, the Grand Council must have decided on the structure plan adjustment before the competent municipal authority decides on the land-use plan.

1. The municipal council publishes the entry into legal force of the decision of the competent municipal body in the official publication organ of the municipality as well as in the cantonal official gazette.

2. The appeal period begins to run on the day after the publication in the cantonal official gazette. The documents can be reviewed at the municipal administration during the appeal period.

1. With the filing of a complaint with the Administrative Court, the administrative appeal decision pursuant to § 26 of the Construction Act may also be contested, provided it has not been superseded by the approval decision.

2. At the same time, the administrative appeal decision can also be separately contested before the Administrative Court on those points that were not the subject of the approval decision.

3. The same regulation applies mutatis mutandis to the administrative court appeal against cantonal zoning plans pursuant to § 10 of the Construction Act.

1. The Department issues recommendations on procedures and content, as well as technical guidelines for the form of the land use plans and regional master plans (such as scale, data models and data submission, model decrees, necessary attachments, number of copies for preliminary examination and approval).

1. If an overdue implementation of cantonal or federal requirements is not carried out without valid reason, the approving authority shall reject the proposal in its entirety.

1. The Residential Share is the ratio of the total sum of the creditable floor areas for residential purposes to the overall sum of the creditable floor areas (§ 32 para. 2). § 32 para. 3 is not applicable.

1. Enterprises fitting within residential areas with minimal access traffic that do not create significantly greater impacts than those arising from residential living are considered non-disruptive.

2. Enterprises that have impacts within the scope of traditional craft, trade, and service businesses and are limited to usual working and opening hours are considered moderately disruptive.

3. Enterprises that cause a high level of traffic uncommon to the neighborhood are particularly considered highly disruptive.

1. The Sales Area (Net Sales Area) refers to the space accessible to customers, including areas for shelves, displays, and similar uses, but excluding sanitary facilities, spaces for traffic access, and similar areas.

1. The Municipal Council evaluates the integration of buildings and outdoor areas into the surroundings according to the following criteria

a) Position and impact in the streetscape,

b) Proportions and dimensions of the constructions,

c) Shape, stagger, and articulation of the constructions,

d) Roof shape, roof pitch, and roof structures,

e) Design, materialization, and color scheme of facades and roofs,

f) Layout of outdoor areas, such as in particular access roads and property entrances, parking spaces, front gardens, and green spaces.

1. The building terms and measurement methods of the Intercantonal Agreement on the Harmonization of Building Terminology (IVHB) dated September 22, 2005, shall apply. They are listed as Annex 1 (Terms and Measurement Methods) and Annex 2 (Diagrams) of this ordinance. Supplements to cantonal law regarding the IVHB are contained in the following provisions of this title.

1. Terraced houses are buildings staggered in height (Clause 6.1 Annex 1 IVHB) when the building steps are offset according to the slope and the ratio of the terrace area to the recessed building unit is at least 1:3. Parts of the building cube that are completely below the relevant terrain and are not visible shall not be included in the calculation.

1. A slope is defined as an inclination of the relevant terrain of more than 10%.

1. Buildings with four or more residential units are considered multi-family houses. Single-family house developments such as row houses and attached buildings without a shared main entrance are not included.

2. Terrace houses with four or more residential units are considered multi-family houses if they are part of a site development.

1. The following maximum dimensions apply to small and annex buildings

a) Building area: 40 m²,

b) * Eaves-side facade height: 3 m; if the relevant terrain is inclined, the permissible height increases by half of the height difference within the floor plan. For monopitch roofs, the height restriction applies to all facade sides,

c) * Roof pitch: maximum 45°.

2. For small and annex buildings, including minor constructions (§ 49 paragraph 2 letter d), a boundary distance of 2 m applies, which can be reduced or waived with the written consent of the affected neighborhood.

3. Cable distribution boxes and similar constructions in the public interest may be placed at the parcel boundary with due consideration for the interests of those affected.

1. Subgrade constructions may exceed the relevant terrain and, in the case of excavations, the lowered terrain by no more than 80 cm, except for the necessary access (Measure f).

2. Unless otherwise specified by the municipality, subgrade and underground constructions, as well as parking and traffic areas, must maintain a boundary distance of at least 50 cm. This distance can be reduced or waived with the written consent of the affected neighbors.

1. Projecting Building Parts may extend a maximum of 1.50 meters, and in the case of small and auxiliary structures, a maximum of 60 cm beyond the building line (dimension a) and may not, with the exception of roof overhangs and canopies, be collectively wider than one-third of the associated facade section per building unit (dimension b).

2. They may not adhere to the boundary and forest distance requirements and may exceed corresponding building lines. They may only exceed the building area boundaries of a special use plan if the plan explicitly permits this.

3. The following may project into the road setback area

a) Roof overhangs, if they are at least 4.50 meters above the street level,

b) Other projecting building parts, if they meet the requirements for a simplified exceptional approval pursuant to § 67a of the Building Code.

4. Deviating provisions in special use plans and road construction projects remain reserved.

1. Without influence on the calculation of the facade height are

a) Roof penetrations that are set back at least 50 cm from the facade line or roof edge,

b) Roof penetrations that are aligned with the facade or set back less than as specified in letter a, if they are not wider than one-third of the facade length,

c) Penthouse facades that are set back by the measure of their height.

1. The storey height is the height from the top edge to the top edge of the finished floors.

2. If the municipality does not otherwise limit the permissible height of a building, the height of the full storeys and the attic storey may, subject to differing municipal regulations, average no more than 3.20 meters.

1. Basements may not protrude more than 80 cm on average (measurement b) beyond the facade line.

2. Unless otherwise determined by the municipality, basements may be excavated on no more than one-third of the facade length.

1. In an attic story, the following conditions apply

a) The knee wall height (Measurement b) must not exceed 1.20 meters,

b) * The large knee wall height (Measurement d) must not exceed 3.50 meters. In the absence of a total height limitation, the height of an asymmetrical roof must not surpass the height of a presumed symmetrical roof,

c) * ...

d) The roof pitch must not be steeper than 45°.

1bis

Roof openings are permissible on only one level and must not be wider than two-thirds of the façade length per building unit. If the building is protected or located in an area with heightened aesthetic requirements, notably a village, old town, core, or hamlet zone, roof openings are only allowed on one-third of the façade length. Further municipal restrictions remain reserved.

1ter

On additional attic levels, isolated roof windows with an installation size of up to 0.75 m² are permitted.

2. Roof openings are defined as roof constructions that increase usable space, including roof cuts, roof windows, and special gable constructions. For triangular roof structures, the width is measured at one third of the height.

3. Mansard and barrel roofs may only be constructed if they are explicitly approved by municipalities.

1. The floor area of an attic storey may not exceed 60% of the area of a full storey. Balconies, excluding loggias, do not count towards the full storey area, regardless of whether they are glazed or unglazed.

1bis The attic storey must be positioned such that on at least one of its longitudinal or lateral sides, it is set back by at least the measure of its height compared to the storey beneath it. Provided that neighboring properties are not unduly affected, the arrangement of the floor area is otherwise unrestricted.

2. Roof overhangs up to 60 cm are permissible without being counted toward the floor area.

1. If the municipality establishes a large boundary distance, this must be maintained perpendicularly in front of the main residential side. Criteria for determining the main residential side include, in particular, the size and importance of the windows and the area of the respective rooms.

1. In the absence of specific regulations, the building distance is equal to the sum of the required boundary distances.

2. Unless otherwise determined by the municipality, the building distance between buildings on the same property may be reduced or eliminated, provided that architectural, health, and fire safety requirements are maintained.

1. Unless otherwise stipulated by the municipality, enclosures and retaining walls of a structural nature

a) may not exceed a height of 1.80 meters, measured from the lower-lying terrain, with any open protective railing required for fall prevention on retaining walls not being counted towards this height,

b) may be placed on the plot boundary, or on the plot boundary by mutual agreement. For parcels in the agricultural zone, the minimum distance is 60 cm.

2. Where required by terrain conditions, higher retaining walls are permissible. They must be set back from the boundary by the excess measure of their height.

3. Slopes must be constructed to be stable. For slope ratios exceeding 2:3 (Height:Width), the base of the slope or the top of the slope must maintain a boundary distance of 60 cm.

4. Distances from roads, forests, and bodies of water, as well as other distances specially regulated, notably by building lines and visibility zones, take precedence over the boundary distance regulations.

1. Unless otherwise specified by the municipality, a distance must be maintained from the building zone boundary, which

a) for buildings, corresponds to the zone-appropriate (small) boundary distance (without additional length surcharge),

b) for retaining and enclosure walls, is 60 cm. For retaining walls that are taller than 2.40 m, the distance increases by the excess height.

2. Boundary distance regulations that require a greater distance remain applicable.

1. The municipalities may establish special building lines, namely mandatory building lines, which require new buildings and building parts to be placed at the building line.

1. When calculating the floor space index, the volumes of open building parts that are enclosed by partitions on less than half of their perimeter are not counted.

1. The Utilization Ratio (UZ) is the ratio of the sum of the accountable floor areas (aFA) to the accountable plot area (aPA)

UZ = ∑aFA / aPA

2. Accountable floor areas include all aboveground and underground floor areas, including the cross-sections of walls and partitions. The following areas are not accounted for

a) all areas that do not serve residential or commercial purposes or cannot be used for such purposes, for example

1. basements, attics, laundry, and drying rooms belonging to apartments; in penthouses, developed attics, and naturally lit full floors, a deduction for such secondary use areas is not possible,

2. technical rooms for heating, water, electricity supply, machine rooms for elevators, ventilation, air conditioning, and energy generation installations,

3. adequate storage spaces for motor vehicles, bicycles, strollers, and similar,

4. corridors, stairways, and elevators that predominantly open onto non-accountable rooms,

5. ground floor halls, roof terraces, seating areas, and balconies that are open on at least one side; open access balconies for predominantly accountable rooms on upper floors are accounted for up to a walkway width of 1.20 m,

6. attic areas under a clear height of 1.50 m,

b) community rooms in multi-family houses and residential complexes,

c) commercial storage spaces in the basements without permanent workspaces and without public, customer, and visitor traffic.

3. The municipalities may regulate the accountability of spaces in attic, penthouse, and basement floors differently. They may provide a usage bonus for glazed balconies, seating areas, and winter gardens if the components are outside the thermal building envelope and do not have any heating installations.

3a. Existing technical rooms for heating may still be used, even if the need for such a room disappears later, in compliance with other building regulations, even if this exceeds the utilization ratio.

4. Accountable plot areas include the plot areas located in the corresponding zoning area. The areas of house access roads are accounted for. The areas of existing or projected streets for primary, coarse, and fine access are not accounted for.

5. For site developments and developments spanning multiple parcels, the utilization ratio must be observed in total, without dividing the building plot into individual parcels.

1. If the structural thickness of the exterior wall and roof due to thermal insulation exceeds 35 cm, it shall only be considered as 35 cm for the calculation of the building mass index (BMI) and utilization index (UI).

1. The municipal council may approve the transfer of utilization figures between adjacent properties if the local, neighborhood, and landscape appearance is not excessively impaired. Transfer across a zoning boundary is only permissible within special use plans and site developments.

1. An increase in the utilization figures by 10% is granted for new constructions and for the modernization of buildings that were approved in 1990 or later, if the buildings meet the MINERGIE-P standard or MINERGIE-A standard. For buildings approved earlier, it is sufficient if they achieve the MINERGIE standard through modernization. The assessment is carried out according to the "Utilization Regulations for the MINERGIE Brand" and the "Product Regulations for MINERGIE Building Standards," both dated September 2023.

2. For buildings of a site development that reach the MINERGIE-P standard or MINERGIE-A standard, an additional utilization bonus of 5% is granted, in addition to the utilization bonus for site developments.

3. In the case of design plans that already allow for a higher utilization figure compared to the standard construction method, no additional utilization bonus is granted.

1. In the case of existing buildings and structures, a deviation from the regulations pertaining to building dimensions, distances, and building lines, required for thermal insulation or for better utilization of local renewable energies, is permissible up to a maximum of 20 cm. An exceeding of the utilization figures resulting from this is also allowed.

2. If the buildings and structures do not meet the street distance requirements, for any additional reduction in distance from cantonal roads, the approval of the department is required; for municipal roads and private roads open to public use, the approval of the municipal council is necessary.

1. In residential, sleeping, and working rooms of new buildings, the following minimum dimensions for clear height and fenestration apply

a) clear height for full stories: 2.40 m,

b) clear height for attic stories: 2.40 m over an area of at least 5 m²,

c) window area: 1/10 of the floor area; the windows must open directly to the outside. For roof windows, the window area (ventilation opening) can be reduced to 1/15 of the usable floor area (see § 32 para. 2 lit. a No. 6).

2. The minimum area of secondary rooms in new multi-family houses is

a) * for one and two-room apartments 5 m²,

b) * for larger apartments 8 m².

1. For contiguous glass surfaces of more than 5 m², measures to prevent bird collisions must be considered.

1. For buildings and installations in areas endangered by floods or surface runoff, it must be demonstrated that adequate protective measures have been taken and that the flow paths and heights of the water are not influenced in such a way as to result in detrimental effects for third parties.

2. The protective measures must be designed at a minimum to withstand a centennial event (100-year event).

1. Publicly accessible buildings and facilities, buildings with more than 50 workplaces, and multi-family houses must be constructed barrier-free in accordance with the standards of SIA 500 "Barrier-Free Building," 2009 edition, by the Swiss Society of Engineers and Architects (SIA).

2. In the case of a multi-family house with fewer than nine residential units, if at least one full floor is accessible without steps, the access to the remaining floors may be provided solely by stairs, provided that, in the sense of adaptability according to the standard SIA 500, the requirement is met that a subsequent barrier-free access to all floors is possible if needed.

1. During the renovation of buildings and facilities, an obstacle-free design cannot be required if the expense exceeds

a) * 5% of the building's insurance value or the facility's new value prior to renovation, or

b) 20% of the renovation costs. The estimated construction costs without special measures for the disabled are considered as such. Construction costs refer to costs excluding preparatory work (demolition and clearing work), surrounding work, ancillary costs (fees and similar), and fittings (furniture and similar).

1. Unless stipulated otherwise by the municipality, site developments are permissible in all construction zones. The municipalities may establish minimum values for the required land areas.

2. The prerequisites for the approval of site developments are

a) economical use of land,

b) good architectural design of buildings, facilities, and open spaces,

c) good integration into the local, district, and landscape appearance,

d) careful and rational development and shared parking facilities,

e) * energy-efficient buildings that

1. * meet the MINERGIE standard (as of September 2023), or

2. * require no more than 80% of the permissible heating energy demand according to § 5 para. 2 lit. c of the Energy Ordinance (EnergieV) of July 4, 2012, and meet the heating demand for hot water with renewable energy,

f) good play, leisure, recreation, and garden facilities, as well as ecological compensatory spaces,

g) shared disposal facilities.

3. The municipal council may require that parking spaces be consolidated in underground collective garages.

4. Unless stipulated otherwise by the municipality, site developments may deviate from the standard construction method in the following points

a) type of construction, building length, design of the buildings (structure and roof form),

b) boundary and building distance, whereby the boundary distance according to the zone must be maintained towards neighboring plots,

c) increase in the utilization factor by 15%.

5. The municipalities may permit an additional floor.

1. The municipal council, after consulting with the building owner and at their expense, mandates an independent expert to prepare an opinion on whether the development of the area allows for an overall better solution compared to the standard construction method. This opinion must be submitted with the building application.

1. For the assessment of the condition of public roads, the guidelines are the standards of the Swiss Association of Road and Transport Experts (VSS)

a) * VSS 40 040b "Design, Fundamentals; Road Types" dated March 31, 2019,

b) * VSS 40 042 "Design, Fundamentals; Road Type: Main Traffic Roads" dated March 31, 2019,

c) * VSS 40 043 "Design, Fundamentals; Road Type: Connector Roads" dated March 31, 2019,

d) * VSS 40 044 "Design, Fundamentals; Road Type: Collector Roads" dated March 31, 2019,

e) * VSS 40 045 "Design, Fundamentals; Road Type: Access Roads" dated March 31, 2019,

f) SN 640 070 "Pedestrian Traffic; Basic Norm" dated December 2008,

g) * VSS 40 200a "Geometric Standard Profile; General Principles, Terms and Elements" dated March 31, 2019,

h) * VSS 40 201 "Geometric Standard Profile; Basic Dimensions and Clearances for Traffic Participants" dated March 31, 2019,

i) * VSS 40 202 "Geometric Standard Profile; Development" dated March 31, 2019,

j) * VSS 40 271a "Verification of Driveability" dated March 31, 2019.

2. For the design of property access roads, the guideline is the standard VSS 40 050 "Property Access Roads" dated March 31, 2019.

1. For the assessment of the visibility zones, the guideline "Guidance Note on Visibility in Road Areas" issued by the Department of Construction, Transport, and Environment on February 1, 2021, applies.

2. In the visibility zones, clear visibility must be ensured at a height from 60 cm to 3 m. Individual trees, poles, and masts that do not obstruct the view are permitted within the visibility zones.

3. For visibility zones at the junctions of municipal and private roads and private driveways with cantonal roads, the municipality enforces the permanent clearance. The canton is responsible for the clearance of visibility zones at the junctions and intersections of cantonal roads with each other.

1. For the calculation of the number of parking spaces for passenger cars, the standard VSS 40 281 "Parking; Supply of Parking Spaces for Passenger Cars" dated March 31, 2019, applies. The simplified procedure according to the standard applies for

a) residential uses,

b) other uses, if the supply of parking spaces does not exceed 300 or the traffic volume of motorized individual transport does not exceed 1,500 trips per day (average over operating days; arrivals and departures count as two trips).

2. In all other cases, the builder determines the number of parking spaces and the trips generated thereby according to the detailed procedure as per the standard or according to comparable calculation bases, such as proven empirical values.

3. In the case of site determinations in directive and zoning plans, the calculation of the required number of parking spaces is initially based on location type D of the standard, unless it is obvious due to the central location, access by public transport, and usage that a different location type is present.

4. For bicycles and mopeds, the guideline is the standard VSS 40 065 "Parking; Needs Assessment and Location Selection of Bicycle Parking Facilities" dated March 31, 2019.

1. Under specific local conditions, a reduced provision of parking spaces compared to the standard guidelines may be established for low-car housing if a mobility concept demonstrates why the demand for parking spaces is lower and outlines the measures to ensure this reduced demand is permanently met.

2. The mobility concept must be included as a condition in the building permit and noted in the land register.

3. Municipal law may enact specific regulations.

1. The technical design of parking spaces and traffic areas is guided by the standard VSS 40 291a "Parking; Arrangement and Geometry of Parking Facilities" dated March 31, 2019.

2. For parking facilities for bicycles and mopeds, the standard VSS 40 066 "Parking; Design of Bicycle Parking Facilities" dated March 31, 2019 serves as a guideline.

1. Larger parking facilities are defined as facilities whose total area (parking spaces including traffic areas) exceeds 2,000 m². The ground area they occupy must not exceed

a) 2,000 m² for a parking facility with a total area of up to 4,000 m²,

b) half of the total area, but not more than 7,500 m² for a parking facility with a total area of over 4,000 m².

2. This regulation does not apply to existing parking facilities that are expanded at ground level by no more than 500 m² in total.

1. The building owner must provide evidence for construction projects expected to generate more than 1,500 motorized vehicle trips per day (averaged over business days; arrivals and departures each count as a trip) that the road network's capacity is sufficient.

2. The basis for this evidence is derived from empirical values, collected traffic data, or the traffic data from the periodically updated cantonal traffic model, which is based on settlement data, available transport services, and the principles of mobility behavior.

3. Measures to limit the traffic generated by the construction project must be regulated in a binding manner.

1. A use of a public road that exceeds the common use and requires a permit exists in particular in the case of

a) Utilization of a road for pipelines, channels, material deposits, construction site installations, scaffolding, barracks, market and sales stands, street cafés, kiosks and the like,

b) The erection of permanent structures or structural parts in or over the road, such as superstructures, underpasses and overpasses, utility tunnels, as well as rail systems and cable cars,

c) Uses that, due to their intensity, are no longer appropriate or no longer compatible with the common interest.

2. The permitting authority can demand a construction and installation execution that is as gentle on the road body as possible, according to the latest state of technology. The same applies to other types of usage.

3. If the assessment is conducted outside of a building permit process, applications for uses of cantonal roads requiring permits must be submitted to the district engineer.

1. No Building Permit Required for the Entire Municipality Area

a) * Traditional pasture fences up to a height of 1.50 m. The fences must be removed if the area is no longer used as pasture in the future,

b) Animal enclosures with a maximum area of 25 m² and a fence height up to 1.50 m,

c) Wildlife protection fences up to 1.50 m in height for the protection of specialized fruit, vegetable, and viticulture crops outside wildlife corridors. Wildlife protection fences must be removed when they are no longer necessary,

d) Hardened exercise yards and dry places up to an area of 300 m² without hard surfaces for cattle and horse keeping on agricultural enterprises,

e) Mobile bee trailers with a placement duration of up to 8 months at the same location, as well as freestanding magazine or other hives for a maximum of 12 bee colonies,

f) * Flagpoles, traffic signs, street signs, survey markers, individual posts and poles, measuring devices, hydrants, and the like,

g) Satellite reception systems for radio and television with an area of up to 0.5 m²,

h) Simple fire pits for a maximum of 10 people without structures permanently attached to the ground,

i) Land modifications up to 80 cm in height or depth and up to 100 m² in area,

j) Above ground swimming pools as well as walk-in plastic tunnels and similar facilities for agriculture and horticulture with a placement duration of up to 6 months per calendar year.

2. No Building Permit Required in the Construction Zones

a) * Enclosures up to 1.20 m in height and retaining walls up to 60 cm in height,

b) Earth probes for which a drilling permit according to environmental protection legislation exists,

c) Facilities for garden and outdoor area design such as footpaths, stairs, fountains, fire pits, and garden fireplaces, plant troughs, artistic sculptures, and ponds with an area up to approximately 10 m²,

d) * Small structures with a base area up to 5 m² and a total height up to 2.50 m, provided any emissions are minimal, such as tool sheds and bicycle shelters,

e) For up to two months

1. Material storage and movable structures, such as festival huts, tents, cabins, stalls, barracks, stands,

2. Individual inhabited mobile homes and caravans. During non-operational periods, mobile homes, caravans, and boats may be stationed on existing lawful parking areas without time restriction. Required parking spaces must not be used.

3. No Building Permit Required for Unlit Temporary Road Advertisements up to an area of 3.50 m² that can be placed within the locality and up to 100 m outside the locality. They must meet traffic safety requirements in accordance with the "Leaflet Election, Voting, and Other Temporary Posters" from the Department of Construction, Transport, and Environment dated April 1, 2021, and may be

a) Election posters displayed for a maximum of eight weeks before election Sunday and must be removed no later than seven days thereafter,

b) Voting posters displayed for a maximum of eight weeks before voting Sunday and must be removed no later than seven days thereafter,

c) Other posters displayed for a maximum of six weeks before the start of the event and must be removed no later than seven days thereafter.

4. The aforementioned building projects require a building permit if zoning regulations for protection zones specify so or if public law regulations, especially setback regulations, are not complied with.

5. Any use that has significant environmental impact requires a building permit, even if the use itself is only temporary.

1. Solar installations on buildings in industrial, work, and commercial zones are exempt from building permits, even if they exceed the roof surface by more than 20 cm at a right angle when parallel to pitched roofs, and exceed the roof edge by more than 1 m on flat roofs. The other requirements of federal legislation for adequate integration remain unchanged.

2. Solar installations on or attached to buildings under substance protection or in zones with enhanced requirements for townscape and landscape appearance, in particular hamlet zones with a townscape of national significance, village, old town, or core zones, require a building permit.

3. The building owner must notify their project to the municipal council through the cantonal platform. If a building permit is required, this notification must be made in addition to submitting the building application.

4. ...

1. In building zones, excluding zones with heightened requirements for local and landscape appearance as well as plots with buildings under substance protection, air/water heat pumps may be implemented following the notification procedure if

a) a noise protection certification is available,

b) the realization at another location would offer only insignificant noise-related advantages, and

c) there is no violation of distance requirements for which an exemption permit is necessary.

2. The building owner reports their project to the municipal council via the appropriate cantonal platform. If a construction permit is required, this notification must be made in addition to submitting the building application.

1. In the simplified building permit procedure, the following are specifically assessed

a) Small and annex constructions within building zones,

b) External thermal insulation for improving the energy efficiency of existing buildings and facilities. If they are located outside building zones or in the vicinity of a protected monument, cantonal approval is required,

c) * ...

1. The building application must include the explanations, documents, and plans necessary for assessment. Additionally, the following must be attached

a) * proof of compliance with energy legislation (energy evidence); in justified cases, the proof can also be submitted later, but no later than before the start of construction. In the application range of energy evidence forms EN-1 to EN-5 from the Conference of Cantonal Energy Offices, the provisional Minergie certificate is sufficient,

b) a declaration of conformity to earthquake-resistant construction for new and extension buildings as well as for conversions involving alterations to the load-bearing structure,

c) * for long-term care facilities that require approval according to the Care Act (PflG) of June 26, 2007, proof from the Department of Health and Social Affairs of compliance with §§ 8 para. 7 or 24 para. 2 lit. d of the Care Regulation (PflV) of November 21, 2012[34], if a corresponding preliminary review of the project was conducted.

1bis. The building application plans must be submitted dimensioned with an indication of the scale and preferably with a depiction of the scale bar.

2. The municipalities provide the corresponding forms. The Building Permits Division of the Department of Construction, Transport, and Environment provides the municipalities with forms for cantonal and federal approvals and agreements.

3. Where the assessment of an application requires it, the municipal council and the Building Permits Division can request additional documents such as a ground plan based on a certified extract from the official survey, detailed plans, noise evidence, photomontages, models, calculations, and shadow diagrams.

4. An application for material extraction must include plans for extraction, recultivation, renaturation, and staging. The application form for material extraction specifies the additional information and evidence required for assessment under environmental and water protection legislation, in particular

a) material evidence,

b) hydrogeological report,

c) information about the filling material.

5. The municipal council and the Building Permits Division can allow a simplified application for minor projects.

1. Minor deviations from the approved plans may be informally approved by the municipal council, possibly with the consent of the building permits department. The deviations must be noted in the plans.

2. For significant changes, the simplified or the standard procedure applies.

1. The building profiles of construction projects subject to publication must indicate heights, outlines, roof pitch, ground floor level, and terrain alterations. In exceptional cases, the municipal council may issue different orders for profiling or grant easements.

2. Before the public display, the municipal council shall verify the building profiles.

3. The profiles may only be removed before the legally binding resolution of the building application with the consent of the municipal council or the competent appeals body. Upon the legally binding conclusion of the building permit process, the profiles must be removed.

**1. If the construction projects requiring publication are correctly indicated using building profiles and the building application contains all additional applications and documents necessary for assessment, it must be published in the official publication organ of the municipality. An application for deforestation associated with a building application must also be published in the cantonal official gazette. Further publication requirements remain reserved.**

**2. The municipal council shall inform property owners, who do not reside or have their headquarters in the municipality but whose properties directly border the construction plot, of the public submission in advance in writing, if this is possible without delaying and complicating the procedure.**

**3. The publication and the written notification must include:**

a) The name and address of the client,

b) The location of the construction plot (address, field name, or similar),

c) Description of the project,

d) Applications for further approvals and consents from cantonal or federal authorities,

e) Place and time of the public submission,

f) Information on the formal requirements for objections as well as where and within what timeframe they can be raised.

**4. The municipal council may reject construction projects that cannot be approved from the outset without prior profiling and publication. If the client requests the regular procedure within 30 days of receipt of the decision, the municipal council will subsequently have the application profiled and published and will decide anew.**

**5. If cantonal approval is necessary for the building application, the municipality shall submit it to the canton along with a preliminary assessment of compliance with building regulations.**

1. If there are contradictions among multiple cantonal or federal permits and approvals, the Building Permit Department seeks a consensual solution that complies with all regulations.

2. The Building Permit Department transmits the decisions of the cantonal and federal authorities to the municipal council.

3. Applications for tank installations and civil protection structures related to construction projects requiring permits are directly submitted by the municipal council to the responsible cantonal specialized offices.

1. The Municipal Council decides on the building application and the objections raised against it. Regarding objections that involve cantonal or federal permits or approvals, the council obtains the opinion of the Building Permits Department before making its decision.

2. If negotiations with cantonal or federal authorities are necessary, the Municipal Council or the Building Permits Department invites them to a joint negotiation whenever possible. Depending on the jurisdiction in the specific matter, the procedural management falls under the cantonal or federal authority.

1. The preliminary decision becomes invalid if the final construction application is not submitted within two years from the date it becomes legally binding.

2. The building permit becomes invalid if construction work has not commenced within two years from the date it becomes legally binding.

3. Construction begins with the excavation work. If no excavation is necessary, each measure requiring a separate building permit constitutes the commencement of construction on its own.

1. The municipal council must be informed in a timely manner about

a) the commencement of construction work and the establishment of the string course, where the ground floor elevation must be marked,

b) the impending covering of utility trenches (water and energy supply, sewage), the impending installation of tanks, and in civil defense rooms, the laying of reinforcement before the formwork of the walls and before the pouring of concrete for the ceiling,

c) the completion of the heating systems and the conclusion of the shell construction,

d) * the completion of the buildings and facilities before their use. The builder and the person responsible for the project confirm in writing that construction was carried out according to the approved energy certificate. In the case of Minergie certification, the final certificate is normally also to be submitted at this time.

2. The municipal council examines the buildings and facilities for compliance with the building permit. A protocol of the inspections carried out must be prepared. Access to the construction site is permitted at any time for the authorities and their inspection bodies.

1. Subject to any differing provisions, the term "competent department" as per the law and "department" as per the regulation refers to the Department of Construction, Transport, and Environment.

1. The Building Permits Department is the supervisory authority for the implementation of the Federal Act on Secondary Residences.

1. Objections must include a petition and a justification. Objections that do not meet these requirements and are not improved within a grace period shall not be entertained.

2. The petitions cannot be expanded at a later date.

1. Appeals against decisions of the municipal council in the application of building legislation can be filed with the Department of Construction, Transportation, and Environment within 30 days from the notification, provided no other authority is declared competent.

2. If the decision of the municipal council is based on a partial decision of a department and an appeal is directed against this partial decision, the government council is competent.

3. The appeal decision can be contested before the administrative court.

1. This regulation shall be published in the Official Gazette. It shall enter into force on September 1, 2011.

1. Assessed under Previous Law

a) * Building applications that are pending at the time of the entry into force of this regulation or the amendment of August 25, 2021, unless an assessment under the new law is more favorable for the applicants,

b) municipal land-use plan drafts submitted for preliminary examination by the municipality before the regulation comes into force.

2. Municipal land-use plans that the canton preliminarily examined before January 1, 2010, and were published by the end of February 2010, shall be assessed according to the law at the time of the preliminary examination.

3. § 24 para. 1bis (Roof Penetrations) applies if the municipality submitted a revision of the General Land-Use Plan for preliminary examination after the entry into force of this provision, the revision has become legally binding, and the municipality has adopted the building terms of the IVHB. Until this occurs, § 16 para. 1 ABauV pursuant to Appendix 3 shall apply.

1. Municipalities shall adjust their general utilization plans to the new construction terms and measurement methods of the IVHB no later than ten years after the enactment of this regulation. Until such adjustments are made, the provisions of the General Ordinance to the Building Law (ABauV) of February 23, 1994, as listed in Annex 3, shall apply in place of the provisions in Title 3 (Construction Terms and Measurement Methods).

1bis. Special utilization plans publicly presented after January 1, 2022, must comply with the regulations of the IVHB.

2. Once an adjustment is made and unless the municipalities specify otherwise, the following definitions apply to legacy special utilization plans

a) The building height is newly defined as the facade height measured on the valley side (eaves side) without the attic,

b) The ridge height is newly defined as the overall height. If the lower measuring point of the overall height is higher than the lowest point of the valley-side facade line, the permissible overall height shall be reduced by this height difference.