Spatial Planning and Building Act (RBG) - Scope (CIHTC)

1. The Act applies to all spatially effective activities carried out by private individuals and public authorities. It regulates

a. spatial planning;

b. land reallocation and boundary modifications;

c. expropriation and property restrictions;

d. general building regulations;

e. the guarantee of existence, exceptions to general building regulations, and construction outside of building zones;

f. building police and building permit procedures.

1. Municipalities are authorized to enact their own regulations within the framework of superior spatial planning and superior building law.

1. Spatial Planning

Spatial planning shall be guided by the objectives and planning principles of the Federal Act on Spatial Planning and shall ensure, in particular, that

a. natural living conditions in the Basel area are protected through spatially relevant measures;

b. social, economic, and cultural life is promoted;

c. the needs of the population and the economy concerning space are taken into account;

d. the natural-ecological conditions are incorporated into the planning, and natural resources are used and managed economically and sustainably;

e. the cultural landscapes of Basel are developed further through appropriate use and design in such a manner that their uniqueness and beauty are preserved.

1. Spatial planning consists of cantonal, regional, and local planning. Cantonal planning is the responsibility of the canton, while regional and local planning are the responsibilities of the municipalities.

2. The canton grants the municipalities the greatest possible degree of freedom in fulfilling their tasks.

1. The canton and the municipalities are obligated to engage in spatial planning in accordance with this law.

2. If the municipalities fail to fulfill their planning obligations, the canton may order substitute performance.

1. The Canton involves the municipalities at an early stage in the development of its planning and allows them to participate in an appropriate manner.

2. The municipalities may involve the Canton in the development of their planning.

3. ...

1. The municipalities as well as the regional associations pursuant to § 13a may submit their plans to the canton for a preliminary examination before the resolution is passed.

2. The preliminary examination report includes the essential aspects and specifically points out those elements of the plan which are likely not to be approved.

1. The authorities of the canton and municipalities entrusted with planning tasks shall publicly announce the drafts of the structure and land use plans.

2. The public may raise objections and submit proposals, which will be considered in further planning, provided they prove to be pertinent.

3. The plans pursuant to this law are public.

1. The concept broadly defines the spatial development objectives for the cantonal territory. It provides an overview of the future spatial organization.

2. The concept serves as a guiding function and acts as a politically valued foundation for the cantonal master plan.

3. The concept includes information about all spatially effective sectors and their interconnections.

1. The Cantonal Structure Plan shows

a. the status of the coordination of all essential activities impacting spatial planning by the Confederation, canton, and municipalities, insofar as they affect the cantonal territory;

b. the essential components of the future spatial organization of the cantonal territory, which are established as guidelines for the regulation of land use (land use planning).

2. The Cantonal Structure Plan serves as a basis and framework for the planning of municipalities and regions, as well as for the cantonal land use planning.

3. The Cantonal Structure Plan is binding for authorities.

1. The canton can issue special master plans for the entire cantonal area or parts thereof, as necessary. These plans provide more extensive guidelines for land use planning in specific spatially relevant areas than the cantonal master plan.

2. Cantonal special master plans serve as a basis and framework for the planning of municipalities and regions, as well as for the land use planning of the canton.

3. The cantonal special master plans are binding for the authorities.

1. The Government Council ensures the preparation of the cantonal spatial development concept, the cantonal structure plan, and the cantonal special structure plans.

2. The Cantonal Parliament approves the cantonal spatial development concept and enacts the cantonal structure plan as well as the cantonal special structure plans.

3. Cantonal structure plans are subject to an optional planning referendum.

1. The canton develops an agglomeration program.

2. It may collaborate with other cantons or participate in or establish private or public-law organizations that develop an agglomeration program.

3. The agglomeration program is approved by the government council.

1. The canton may enact cantonal land-use plans to fulfill its duties. These plans particularly serve the purpose of creating or expanding transportation facilities, public works and installations, as well as protecting landscapes, natural objects, and cultural monuments of national and cantonal significance.

2. Cantonal land-use plans may determine, among other things, the following

a. Purpose, location, and extent of the use of land as well as buildings and installations for a specific area;

b. Building and street lines for national and cantonal transportation areas;

c. Building and track lines along railway routes;

d. Building lines along lines of regional importance, bodies of water, and cantonal protection zones.

3. Municipalities may establish building lines through the process of municipal land-use planning, provided that the canton refrains from doing so. The procedure is regulated by the government council in an ordinance.

4. Cantonal land-use plans supersede municipal land-use plans to the extent that they are in conflict with each other.

5. Cantonal land-use plans are binding on everyone.

1. The responsibility lies with the canton to designate the water zone according to the federal water protection legislation in the form of cantonal land use plans.

2. The water zone within the settlement area and in building zones outside the settlement area is designated by the municipalities within the framework of their land use planning. The perimeters of cantonal land use plans remain reserved. At interfaces, the canton and the municipality can mutually agree on planning authority.

3. The municipal shoreline protection zones are superimposed by the water zone as defined in the cantonal land use planning.

4. The municipal shoreline protection regulations remain in force, provided they do not contradict the federal regulations on the water zone.

5. Where a municipality has definitively designated the water zone, it takes precedence over the distance determination of § 95 para. 1 letter d of this law, as well as any water construction line, provided it lies within the water zone.

1. The Executive Council is responsible for the preparation of the cantonal land use plans.

2. The cantonal land use plans are to be issued by the Department of Building and Environmental Protection. Those that are not based on the cantonal structure plan or a cantonal special structure plan require approval from the Cantonal Parliament; exceptions from approval by the Cantonal Parliament are the building lines along the routes of regional importance, the bodies of water, the cantonal protection zones, and the designation of the water space.

3. After the decision, the cantonal land use plans must be publicly displayed for 30 days in the respective municipalities. The publication of the display must be announced in the official gazette and through other suitable means. Property owners residing outside the area must be notified of the display by registered letter.

4. During the display period, the following may file a written and reasoned objection with the Department of Building and Environmental Protection

a. the municipalities;

b. * the affected property owners and other individuals who are impacted by the contested plan and who have a legitimate interest in its amendment or repeal;

c. cantonal associations in the form of a legal entity which, according to their statutes, are primarily and permanently dedicated to nature and heritage protection or environmental protection, and which have existed for at least five years prior to raising the objection.

5. Objections are to be resolved by the Department of Building and Environmental Protection as far as possible through mutual understanding. Unresolved objections are decided by the Executive Council as the appellate authority. The procedure is free of charge, subject to § 20 para. 2 of the Administrative Procedure Act of 13 June 1988.

1. Municipalities may merge to form regional associations for the purpose of coordinated spatial development.

2. Regional associations are special-purpose associations as per the Municipal Act.

1. The canton provides regional associations with a one-time start-up financing for the establishment and initial operation of an office.

2. The start-up financing amounts to CHF 1.- per resident of the associated municipalities.

3. Additionally, the canton may grant contributions to the municipalities and regional associations for projects if they are of cantonal significance or serve as a model.

1. The canton periodically holds planning conferences with the regional associations.

1. Municipalities may develop a regional development plan. They are permitted to involve the canton for this purpose.

2. The regional development plan may include individual topics.

3. The regional development plan requires the approval of the municipal councils of all municipalities involved in the planning.

4. The regional development plan is to be brought to the attention of the municipal assemblies or citizen councils.

1. Regional development concepts must be taken into account in municipal guideline and utilization planning, regional guideline planning, and cantonal guideline planning.

2. In the event of whole or partial disregard of the regional development concepts, the reasons for this must be explained.

1. The regional associations may develop a regional structure plan, provided that a regional development concept exists.

2. The regional structure plan is based on a regional development concept and includes, correspondingly, individual or all contents in accordance with Sections 14-16.

3. The validity of the regional structure plan requires its enactment by the municipal assemblies or the municipal councils of all municipalities within the regional association, as well as the approval of the government council.

4. The regional structure plan is binding for the authorities of the municipalities in the regional association and must be taken into account by the canton.

1. The municipalities may adopt a municipal structure plan. It provides an overall view of the future spatial order of the entire municipal area according to the concepts for the desired spatial development of the municipality.

2. The municipal structure plan serves as the foundation and conceptual framework for municipal land-use planning.

3. The municipal structure plan makes general statements regarding the essential components of spatial order, in particular

a. concerning the use structure, design, maintenance, and protection of settlements and landscapes;

b. concerning the networks and facilities of public and private transportation;

c. concerning the networks and facilities for supply and disposal;

d. concerning public works and facilities.

4. The municipal structure plan is binding for the authorities.

1. Municipalities ensure appropriate and needs-based urban development.

2. Municipalities promote inward urban development and dense construction methods, provided that they do not conflict with interests of local image and landscape protection or other superior planning objectives.

3. Dense construction methods must ensure a high quality of settlement and living, as well as good integration into the surrounding landscape and built environment. Dense construction is to be ensured in particular through

a. District plans,

b. Exceptionally unified development plans.

4. Municipalities may designate larger, undeveloped or partially developed areas in the master plan that should only be developed with a district plan in the interest of dense construction.

1. Public open spaces are areas such as squares, traffic spaces, as well as parks and green areas that are owned by the public sector.

2. Within the framework of strategic planning, municipalities develop conceptual ideas regarding the designation, use, and design of public open spaces both inside and outside settled areas. They take into account the concerns of the federal government and the canton.

3. In doing so, they pay particular attention to

a. the structuring of settlement areas and settlement borders,

b. the creation of recreational spaces and children's playgrounds,

c. the design of footpath and bicycle path networks,

d. ecological balance and habitat connectivity,

e. the promotion of permeable vegetated areas,

f. air hygiene and climate ecological aspects.

1. The municipal council is responsible for drafting the municipal master plan.

2. The municipal assembly or the residents' council enacts the municipal master plan.

3. The government council approves the municipal master plan, provided that the interests of the neighboring municipalities and the canton are safeguarded.

1. Municipalities issue zoning regulations for the entire municipal area. The zoning regulations consist of zoning maps and zoning ordinances. For individual parts of the municipal area, partial zoning maps and partial zoning ordinances may be enacted, which contain special provisions.

2. The zoning maps divide the municipal area into different use zones and assign noise sensitivity levels to them.

3. The zoning ordinances determine the type and extent of use, particularly the building method, building dimensions (building length, building depth, building height or number of stories), the maximum permissible structural utilization, as well as the roof shapes and their design. The maximum permissible structural utilization is determined by the building coverage ratio, the green space ratio, and/or the floor area ratio.

4. In the interest of a harmonious street, local, and landscape appearance, zoning ordinances may contain provisions regarding the design, building materials, and color schemes of the structures and facilities, as well as regarding planting, ecological compensation, and biotope networking.

4bis. Municipalities may establish a minimum utilization for new constructions in certain zones or parts of zones, which must be at least 50% of the maximum permissible utilization.

5. Zoning regulations are binding for everyone.

1. The following use zones are distinguished

a. Construction zones,

b. Green zones,

c. Agricultural zones,

d. Forest area,

e. Special zones,

f. Zones whose use has not yet been determined or in which use will be permitted at a later time.

2. The use zones can, in particular, be overlaid by protection or hazard zones.

1. The building zones can be specifically divided into

a. Residential zones,

b. Residential and commercial zones,

c. Core zones,

d. Center zones,

e. Commercial zones,

f. Industrial zones,

g. Zones for public works and facilities,

h. Zones requiring neighborhood planning,

i. Zones for sports and recreational facilities.

2. The individual building zones can be further divided according to the construction method and intensity of use.

3. In residential zones, residential and commercial zones, core zones, and center zones, minimum percentages of residential use in the overall utilization can be established.

1. Residential zones encompass areas primarily reserved for residential use. Non-disruptive businesses, whose construction is adapted to the zone, are permitted.

2. Residential and commercial zones include areas reserved for residential use and slightly disruptive businesses.

3. Within the framework of land use planning, municipalities can designate areas within the residential and commercial zones where moderately disruptive businesses are permitted. The zoning regulations determine the scope and type of businesses.

1. Core zones encompass architecturally and urbanistically valuable town and village centers, which are to be preserved or renovated in their character. Permitted uses include residential purposes and moderately disruptive businesses.

2. Center zones encompass areas designated for the development of local and neighborhood centers. Permitted uses include residential purposes and moderately disruptive businesses.

1. Commercial zones include areas that are particularly reserved for the establishment of moderately disruptive enterprises.

2. Industrial zones are primarily designated for enterprises that, due to their highly disruptive influences, are not permitted in other zones.

3. The municipalities ensure, as far as possible and reasonable, that commercial and industrial zones can be connected to railway sidings.

4. Within the framework of land use planning, the municipalities ensure that commercial and industrial zones can be intensively utilized, taking into account the design of buildings and their surroundings.

5. In commercial and industrial zones, only residences for business owners, location-bound personnel, and to a limited extent for company-owned staff are permitted. Exceptionally, temporary provisional accommodations may be approved in connection with larger construction projects.

1. Zones for Public Works and Facilities encompass areas designated for the fulfillment of public tasks by

a. public entities,

b. other public law corporations and institutions,

c. holders of state concessions,

d. private law entities fulfilling public tasks,

2. Additionally, other uses are permitted to a limited extent, provided they are compatible with the fulfillment of public tasks.

1. Zones subject to a District Plan Requirement encompass areas where construction is only permitted based on a district plan.

2. For zones with a District Plan Requirement, the zoning regulations may include provisions concerning the district plan-based use and design.

1. Zones for Sports and Recreational Facilities include areas where private buildings and facilities for sports and leisure may particularly be constructed.

1. Green zones include areas that are to be permanently preserved from development in the public interest. They serve for recreation, structuring of settlement areas, as well as ecological balance and biotope connectivity.

1. Special Zones Comprise Areas for Specific Uses. Special zones particularly include

a. Viticulture Zones;

b. Family Garden Zones;

c. Horticulture Zones;

d. Farm Zones Within Settlement Areas;

e. Extraction Zones for the Procurement of Stones, Gravel, Clay, Sand, etc.;

f. Landfill Zones;

g. Reforestation Zones.

1. Protective zones encompass areas that fulfill certain functions in the public interest. The use must be aligned with the protection objective.

2. Protective zones include, in particular

a. Nature conservation zones;

b. Landscape conservation zones;

c. Landscape preservation zones;

d. Zones for the preservation and renaturation of flowing waters and their bank areas (riparian protection zones);

e. Groundwater and spring protection zones;

f. Zones suitable for the infiltration of uncontaminated wastewater (infiltration zones);

g. Heritage protection zones;

h. Zones for the preservation of cultural monuments (monument protection zones).

3. Protectable individual objects are designated and described in the zoning regulations.

1. Hazard Zones include areas that, for safety reasons, namely due to the risk of landslides, rockfall, and flooding, may only be developed under protective measures.

1. **The Zoning Regulations are enacted by the Municipal Assembly or the Municipal Council**. They are to be made publicly available for 30 days. The public disclosure must be announced in the Official Gazette and through other suitable means. Property owners residing outside the area must be notified of the disclosure via registered mail.

2. During the period of public disclosure, the following parties may submit written and justified objections to the Municipal Council

a. *The affected property owners and other individuals who are impacted by the contested plan and have a legitimate interest in its amendment or repeal;

b. Cantonal associations in the form of a legal entity, which, according to their statutes, are primarily and permanently dedicated to nature and heritage conservation or environmental protection, and have existed for at least 5 years prior to the lodging of the objection.

3. The objections should, insofar as possible, be resolved amicably by the Municipal Council. Unresolved objections are decided by the Governing Council as the appellate authority. The procedure is free of charge, subject to § 20 para. 2 of the Administrative Procedure Act of June 13, 1988.

4. The municipalities submit the report required by federal law along with the request for approval of the zoning regulations.

5. The zoning regulations require approval by the Governing Council, which examines them for legality and—where cantonal interests are concerned—for appropriateness. The Municipal Council may, in agreement with the affected property owners, request the Governing Council to make minor amendments during the approval process.

1. The municipalities conduct the conciliation procedure within 3 months after the expiration of the objection period. If no agreement is reached, they request the government council within this period to reject the objections and approve the zoning regulations.

2. The government council decides within 3 months from the receipt of the municipalities' request on the pending objections and approves the zoning regulations, provided there are no legal obstacles.

1. The municipalities plan, design, and construct the development infrastructure.

2. The municipalities specifically ensure that the construction zones are developed in appropriate stages according to the anticipated need.

3. The development planning ensures that the individual building plots can be utilized efficiently and economically.

1. Municipal Road Network Plans broadly establish the public road networks as well as footpaths, hiking, and cycling routes, and keep future traffic areas free from developments. They designate the function of the roads and are decisive for the municipal construction and road line plans.

2. The municipal road network plans include existing, to-be-corrected, and to-be-created traffic routes and parking areas. They specifically provide for

a. Connection areas to the cantonal roads,

b. Connection areas of the detailed development,

c. Traffic-calming zones.

3. The procedure follows the regulations on the issuance of the municipal structure plan. The municipal road network plans require the approval of the governing council.

4. After the approval of the municipal road network plan, the granting of building permits in the area of the planned roads may be refused until the issuance of the construction and road line plans, but no longer than 6 months from the submission of the building application. The provisions regarding building bans and planning zones remain reserved.

5. Municipal road network plans are to be issued simultaneously with the zoning regulations or adapted if necessary.

1. Construction and street line plans specify the traffic areas provided for in the municipal road network plan, establish the detailed development for new buildings, and further determine the distance that constructions must maintain from the traffic areas.

2. The procedure is governed by the provisions concerning the enactment of zoning regulations.

3. Construction and street line plans based on a municipal road network plan are enacted by the municipal council.

4. Construction and street line plans are binding on everyone.

1. Municipalities shall issue development regulations, which specifically govern the type and function of development facilities, the responsibility, ownership, financing, and maintenance.

1. District plans are intended to facilitate efficient use, as well as good architectural and access-related development that is adapted to the surroundings and aligned with the residential needs of the population, of a contiguous part of the construction zone area.

2. The preparation of a district plan can be initiated by the involved property owners or by the municipality.

1. Neighborhood plans establish the regulations for the use and development, or for the renewal and preservation, of newly developed or existing neighborhoods.

2. The neighborhood plan may include in particular

a. Regulations regarding the location, size, design, and use of buildings and open spaces, as well as their integration into the structural and landscape environment;

b. Regulations concerning the supply of energy, the use of waste heat, and the application of renewable energies;

c. Regulations regarding waste disposal facilities, such as composting sites and collection points;

d. A land reallocation, the granting of expropriation rights, as well as regulations regarding the allocation of easements, purchase rights, and similar private law relationships;

e. Measures in favor of social housing and the promotion of home ownership.

1. The local development plan consists of one or more maps, the regulations, and an accompanying report, which outlines the objectives, the steps for implementation, and the subsequent costs.

1. Neighborhood plans may contain provisions that deviate from zoning regulations and development planning.

2. Zoning regulations, street network plans, and building and street line plans are considered repealed to the extent that they conflict with a legally binding neighborhood plan.

1. The Municipal Assembly or the Municipal Council shall enact, following the procedure for establishing zoning regulations

a. Neighborhood plans within zones that require a neighborhood plan, for which the zoning regulations do not contain provisions regarding the utilization and design according to the neighborhood plan;

b. Neighborhood plans outside of zones that require a neighborhood plan.

1. The municipal council enacts the district plan, provided that the zoning regulations contain provisions regarding the type and extent of the district plan's use and design as well as its traffic access.

2. Otherwise, the provisions concerning the ordinary district planning procedure shall apply to the process.

1. For development plans within zones requiring a development plan, the following applies

a. The landowners involved in the development planning shall regulate the ownership relationships as well as other rights and obligations in the development plan contract.

b. If a development plan contract is not concluded, the ownership relationships as well as other rights and obligations shall be determined according to the provisions for the implementation of land reallocation, provided that the development plan is approved by a majority of landowners who together own at least two-thirds of the development plan area.

2. For development plans outside of zones requiring a development plan, the following applies

a. If the development plan is initiated by the landowners, the ownership relationships as well as other rights and obligations must be regulated in the development plan contract.

b. If the development plan is initiated by the municipality, it must be approved by a majority of landowners who together own at least two-thirds of the development plan area. The ownership relationships as well as other rights and obligations shall be determined by the municipal council according to the provisions for the implementation of land reallocation.

1. Property owners who have filed an objection against the district plan may request the municipality to acquire their properties located in the affected area within 1 year after the district plan becomes legally binding.

2. In case of a dispute, the type and amount of compensation shall be determined by the expropriation court.

1. The provisions regarding land consolidation shall apply mutatis mutandis to the regulation of property ownership as well as other rights and obligations, and for the designation and transfer of land required for traffic areas, public works, and facilities.

2. Objections to the reallocation can be made during the public display of the district plan.

3. The planning costs, unless otherwise agreed, shall be distributed among the involved landowners after deducting any contributions from public authorities. The procedure applicable to land consolidation shall apply mutatis mutandis.

1. Neighborhood plans require the approval of the Government Council to be valid.

2. Approval is only granted if the regulation of ownership as well as other rights and obligations are sufficiently ensured in a neighborhood plan contract or in a land reallocation procedure.

1. Amendments to the neighborhood plan can only be carried out through the procedure that was originally applicable for its enactment.

2. In the case of amendments that do not affect the overall concept, an adjustment of the neighborhood plan agreement is not required.

3. If the development according to the neighborhood plan does not commence within 5 years from the approval by the executive council or is only partially realized, the neighborhood plan must be reviewed and adjusted if necessary. If applicable, the approval of the neighborhood plan may be revoked by the executive council upon application by the municipality or other persons involved in the neighborhood plan.

1. Municipalities may, when abolishing part of a building zone, transfer the eliminated use to the remaining part of the building zone through utilization concentration in partial zone or district plans.

1. Municipalities may establish building lines within the scope of their land use planning, unless the Canton is responsible or the Canton waives the establishment of building lines.

2. Municipalities may place their own building lines behind the cantonal building lines.

3. The procedure is governed by the provisions on the issuance of zoning regulations.

1. The zoning regulations may provide that the municipal council, in the context of development projects according to a unified plan within the building permit procedure, can permit exceptions, including from the usage quantities according to § 18 RBG, building length, and building height in the sense of a more compact building approach, provided that a high quality of living and good integration into the landscape and existing built environment are ensured.

2. The zoning regulations regulate the minimum area for such development and determine the maximum permissible deviations from the zoning regulations applicable to this area.

1. New sales units for goods of daily and periodic needs are permissible

a. in residential, residential and commercial, core and center zones up to a net store area of 1,000 m²;

b. in commercial and industrial zones up to a net store area of 500 m².

2. New sales units for goods of daily and periodic needs with a net store area of more than 1,000 m² in residential, residential and commercial, core and center zones, and those with more than 500 m² in commercial and industrial zones are subject to the neighborhood planning requirement and are permissible taking into account the principles of cantonal and municipal spatial planning.

3. The government council regulates in the ordinance the procedure, the calculation of the net store area, and the access requirements.

1. The government council shall draft model regulations for land use and development planning, in which, among other things, representations, definitions, and calculation methods are established in the ordinance.

1. Municipalities are authorized, within the framework of land-use planning, to designate areas where no or non-visible mobile communication facilities are permitted for reasons of nature, landscape, townscape, or monument protection. The prerequisite is proof that, despite the designation of such areas, a high-quality mobile communication service can still be ensured, and competition among mobile communication providers functions effectively.

2. Mobile communication operators are to be included in such land-use planning procedures at an early stage.

1. If an undeveloped, serviced plot has been in the construction zone for at least 10 years, the municipality may, if justified by public interest, set a period of 5 years for the plot to be developed in conformity with the zoning regulations. The order must also be noted in the land register with effect against third parties.

2. For development within the set period, municipalities may grant a usage bonus.

3. If the plot is not developed in compliance with the zoning regulations to at least 50% of the maximum permissible use within the set period, the municipality shall impose a one-time area charge of CHF 20/m² to CHF 100/m² for the undeveloped area of the plot.

4. The area charge levied pursuant to paragraph 3 shall be offset against the connection fees in the event of development of the plot to at least 50% of the maximum permissible use

a. if development occurs within an additional 5-year period;

b. if development occurs after an additional 5-year period, whereby for each year after this period the chargeable area contribution is reduced by 10% of the value of the levied area charge.

5. The municipalities shall

a. regulate in the zoning regulations the details of paragraph 2 and, if area contributions of more than CHF 20/m² are to be levied, of paragraph 3;

b. create a fund with the area contributions, which is to be used for the purposes defined in paragraph 4.

1. Buildings that have a residential or mixed residential-commercial character and exceed a building height of 30 meters are considered high-rise buildings.

2. High-rise buildings require neighborhood planning, which must be based on a quality assurance procedure determined by the municipality.

3. The government council shall issue regulations in the ordinance for determining the shadow cast by high-rise buildings.

1. For project-related, operationally necessary expansions of existing commercial and industrial enterprises, commercial or industrial zones may be extended beyond the settlement area limited in the Cantonal Structure Plan.

2. If a rezoning takes place as described in paragraph 1, the project must be promoted and implemented promptly. The building application must be submitted within 2 years from the date the land use planning becomes legally binding.

3. If the conditions according to paragraph 2 are not met, if the building application is definitively rejected, or if the building permit expires, the newly rezoned land will automatically revert to its previous zone without a zoning plan revision, and no compensation claims against the public community can be asserted. The reversion to the previous zone is to be ordered by the municipal council by declaration with respect to the affected property owners.

1. During the period in which the enactment or amendment of guiding and zoning plans and the corresponding regulations are being prepared, planning zones can be established for the entire municipal area, parts thereof, or individual parcels, to prevent measures that could impede or complicate the realization of the current planning efforts.

2. The decision on planning zones specifies which measures requiring a building permit are to be refrained from during the duration of the planning zone.

3. The procedure for establishing planning zones is regulated as follows

a. The Directorate of Construction and Environmental Protection enacts planning zones to the extent that they serve the securing and implementation of cantonal guiding and zoning plans. The municipal council enacts planning zones to secure and implement local guiding and zoning plans.

b. The establishment of planning zones must be publicly announced and communicated in writing to the affected property owners and holders of building rights.

c. Appeals against the planning zone can be lodged with the governing council within 10 days. The appeal does not have a suspensive effect.

4. Planning zones may be established for a duration of 5 years.

5. Planning zones must be

a. Entered in the public law restrictions on property ownership cadastre (ÖREB);

b. Abolished and deleted from the ÖREB cadastre upon the finalization of the plans intended to be secured or after 5 years.

6. For planning zones, the ÖREB cadastre serves as the official publication organ.

1. The building permit authority may, upon application by the municipal council or the Department of Building and Environmental Protection, issue a decision on the admissibility of constructions and installations on a case-by-case basis for a period of up to 1 year, if the building application gives cause to prevent or complicate the realization of ongoing planning.

2. The building permit authority orders the issuance of the building permit procedure. An appeal filed against this order does not have a suspensive effect.

3. The construction freeze can be replaced by a planning zone. The construction freeze and the subsequent planning zone together may not exceed a duration of 5 years.

4. If no planning zone is enacted after the expiration of the construction freeze, the building permit authority continues to process the building application.

1. Land readjustment aligns the existing parcel structure with the land-use planning.

2. Properties are to be newly configured in such a way that their location, shape, and size are suitable for lawful and appropriate building use.

3. Land readjustment particularly serves

a. to implement the legally binding land-use planning;

b. as an accompanying measure to land-use planning, for instance, in the land concentration process through partial zoning or neighborhood planning procedures;

c. to provide land for residential, commercial, and industrial construction;

d. to renew already existing neighborhoods;

e. to designate land for facilities and installations that are intended to fulfill public functions.

1. The reallocation area includes properties within the construction zone. Adjacent properties outside the construction zone may also be included for consolidation and disentanglement.

1. The municipal council informs the landowners at an early stage about the objectives and procedures of land readjustment.

1. The Municipal Council shall initiate the land readjustment process without delay if

a. one or more property owners,

b. the Executive Council requests it, or

c. it deems it appropriate itself.

2. The decision to initiate a land readjustment can only be contested together with the readjustment perimeter.

1. After the municipal council has heard the property owners in question, it determines the reallocation perimeter within 3 months from the initiation resolution and submits it to the competent cantonal authority for preliminary examination.

2. The reallocation perimeter must be made publicly available for 30 days. The availability is announced in the official gazette and by other suitable means. The affected property owners are notified of the availability by registered mail.

3. Property owners whose plots are within or adjacent to the reallocation perimeter may file a written and substantiated appeal to the government council within the availability period. The procedure is free of charge, subject to § 20 para. 2 of the Administrative Procedure Act of June 13, 1988. Once a final decision on the appeal is made, the land reallocation is considered adopted.

4. If the reallocation perimeter remains unchallenged, the municipal council declares the land reallocation as adopted.

1. By virtue of the land consolidation resolution, the property owners whose plots are located within the consolidation perimeter are obligated to participate in the consolidation.

2. The inclusion of the plots in the consolidation perimeter is noted in the land register.

1. Upon the resolution of the land reallocation, the participating landowners form a land reallocation cooperative with its own legal personality.

2. The land reallocation cooperative constitutes itself.

3. The assembly of the cooperative members elects an executive committee as the executing body and a valuation committee, which makes all valuation decisions.

4. The same members may not serve on both committees. The landowners participating in the land reallocation may not be elected to the valuation committee.

1. After the initiation of the land reallocation procedure, the municipal council may decide on a planning zone or request construction bans for the reallocation area.

2. Once the reallocation perimeter is legally binding, no factual or legal changes may be made to the properties within the reallocation area without the consent of the execution commission and the competent cantonal authority, which could impede the land reallocation (reallocation ban).

1. Newly allocated shall be the contributed areas after the deduction of the areas required for public needs such as traffic facilities, playgrounds, leisure facilities, and other facilities serving the common needs of the reallocation area (distribution area).

2. Participants in the land reallocation shall receive from the distribution area their entitlement, which approximately corresponds in location and value to the land contributed (principle of real replacement).

3. The deduction of required areas for public needs shall be made in proportion to the area or value contributed.

4. Decisive for the reallocation are

a. a legally binding road network plan;

b. a legally binding land use plan;

c. the legally valid data of the official survey;

d. the registration in the land register;

e. the value-determining factors such as building land, preferred location, or special investments.

1. Any surplus or deficit in value that cannot be compensated through land shall be compensated with money.

2. Real property holders who derive a special benefit from the land readjustment may be imposed with an appropriate benefits compensation. If they incur a particular disadvantage, they shall be compensated.

3. Property owners whose share of the distribution area is insufficient to form a plot suitable for development according to the zoning or district plan, have no claim for reallocation of land. Instead, they shall receive full compensation in money.

**1. Areas for transportation facilities that serve the access of individual properties in the redistribution area and playgrounds that meet the needs of the population in the redistribution area must either be transferred to the public entity without compensation or be designated as annotation properties free of charge.**

**2. Transportation facilities include, in particular, roads and the facilities associated with them according to the Road Act.**

**3. Any further transfers of areas for public needs must be fully compensated by the public entity.**

1. For the valuation of the properties involved in the land reallocation, the market value is decisive.

2. The relevant point in time for determining the market value is the publication of the reallocation plan.

1. Easements, encumbrances, priority notices, and annotations can be extinguished, modified, or relocated onto new properties. The regulations applicable to mortgage rights, as outlined in the Swiss Civil Code for land consolidation, shall apply (Art. 802 ff. SCC).

2. The adjustment of rights and encumbrances is an integral part of the reallocation process.

1. Condition for the Issuance of the Reallocation Plan is a legally binding land use planning that complies with the requirements of the Federal Act on Spatial Planning as well as this Act.

1. Once the reallocation perimeter has become legally binding, the Execution Committee shall prepare a reallocation plan, incorporating the provisions set forth above and including the property owners.

2. After preliminary examination by the canton and the municipality, the reallocation plan, along with the adjusted rights and obligations, must be publicly displayed for 30 days. The public display shall be announced in the official gazette and in other suitable ways. The affected property owners shall be notified of the display by registered mail.

3. Along with the display of the reallocation plan, the decisions of the Appraisal Commission relevant to the reallocation shall also be made available.

4. Individuals with real rights who are directly affected by the land reallocation may file a written and reasoned objection with the Execution Committee within the display period. The Execution Committee shall endeavor to resolve the objections received through mutual agreement as far as possible. Unresolved objections shall be decided by the Governing Council. The procedure is free of charge, subject to § 20 para. 2 of the Administrative Procedure Act of June 13, 1988.

1. The reallocation plan with the adjusted rights and burdens requires approval by the governing council to be valid.

2. Upon request by the execution commission, the governing council may issue partial approval if the properties in question are located in an area not affected by pending objections.

3. The approved reallocation plan serves as the legal basis for the registration of the new ownership status in the land register.

1. Upon approval of the reallocation, the Valuation Commission makes the cost distribution available for inspection by the affected parties for 30 days.

2. The cost distribution includes a list of the compensation payments intended for value equalization (surplus and deficit values, advantage equalization, and compensations) as well as the distribution of reallocation costs.

3. The costs for land reallocation are borne by the participating landowners in proportion to the benefits received. Additionally, the community is required to contribute to the reallocation costs if the reallocation serves a predominant public interest.

4. For the reallocation costs and the compensation payments, there exists a statutory lien in favor of the land reallocation cooperative, which takes precedence over all other liens without requiring an entry in the land register. This lien may be assigned by the cooperative to another creditor.

5. Affected parties may file written and reasoned objections with the Valuation Commission within the display period. The Valuation Commission resolves the objections received as far as possible through conciliation. Unresolved objections are decided by the Expropriation Court.

1. If the suitable development of only one property or only a group of properties is hindered or made impossible due to an unfavorable boundary line, a land reallocation in a simplified procedure (boundary regulation) can be carried out in accordance with the Federal Act on the Promotion of Housing and Ownership.

2. The interested property owner can request the participation of the owners of adjoining properties from the municipal council.

3. The municipal council decides, after hearing the affected parties with a real right, without a formal procedure, on the initiation of a boundary regulation, the new boundary line, and any compensation payments. This decision can be appealed to the cantonal government.

1. Land readjustments can also be initiated and carried out through private agreements.

2. The involved landowners are to notify the municipal council and the competent cantonal authority of the readjustment perimeter. These authorities will inform them of the border conditions that must be observed in the public interest.

3. Privately agreed land readjustments require approval in accordance with the provisions concerning boundary changes.

4. The government council specifies in the ordinance which provisions of the public legal procedure must be complied with when carrying out land readjustment by private agreement.

5. The reallocation is recorded in the land register when the parties with real rights have signed the reallocation plan and it has been officially notarized.

1. With the boundary mutation

a. the boundaries between plots are redefined by agreement,

b. plots belonging to a single landowner are consolidated, or

c. a plot belonging to a single landowner is divided into multiple plots.

2. Boundary mutations must not result in a condition that contravenes the land use planning and building regulations.

3. The government council regulates in the ordinance the cases in which boundary mutations require the approval of a cantonal authority.

4. Conditions associated with the mutation approval must be noted in the land register at the request of the approving authority.

1. The provisions of this section apply to all expropriations and property restrictions equivalent to expropriations, insofar as they are brought about by planning measures under spatial planning legislation and federal law is not applicable.

1. Insofar as this law does not establish any deviating provisions regarding expropriations and property restrictions that are equivalent to expropriation, the provisions of the cantonal Expropriation Law shall apply.

1. Upon the final enactment of the land-use plan (including municipal road network plans), the expropriation right for the projects designated therein is also granted to the planning community.

2. The planning community may transfer the expropriation right to third parties in the land-use plan, who implement a project in the performance of a public task.

1. If spatial planning measures lead to property restrictions equivalent to an expropriation, the public authority that enacted the planning is obligated to fully compensate the affected parties.

2. Upon a lawsuit, the expropriation court decides on the compensation. The right to compensation lapses 6 months after the finality of the decision on the property restriction. This period can be extended only by a written agreement of the parties.

3. The public authority liable for compensation may seek recourse against other public task carriers for whose works the planning was enacted.

1. In the case of property restrictions that are equivalent to expropriation, the payment of compensation and its amount must be noted in the land register.

2. The responsibility for registering this note with the land registry office lies with the community liable for compensation.

1. If the restriction on ownership is equivalent to expropriation and is unreasonable for the owner, they may demand expropriation through the expropriation court (right of retraction).

2. The same claim is available to both the owner and the public entity if the compensation amounts to more than 2/3 of the market value of the original, undiminished right.

3. The procedure is governed accordingly by the provisions regarding the extension of expropriation.

1. Within 6 months after the decision regarding compensation has become legally binding, the affected public entity may, instead of paying the compensation, lift the property restriction.

1. If the property restriction is legally lifted or substantially mitigated before the expiration of 10 years, the respective owner may demand an appropriate restitution.

2. The restitution must be claimed by the community that paid the compensation at the expropriation court within 6 months from the lifting or mitigation of the property restriction.

1. Buildings and structures may only be erected on buildable plots of land.

2. A plot of land is considered buildable if it is suitable and developed for construction based on its location, shape, and condition.

3. A plot of land is considered developed if

a. there is adequate access for the intended use, and the required water, energy, and wastewater lines are present or lead sufficiently close so that connection is possible without considerable effort, or

b. the development facilities are constructed simultaneously with the new construction.

1. Property Owners may advance the costs of planning and constructing access facilities if

a. There are projects corresponding to the municipal access planning that have been approved by the municipality or, where municipal regulations provide, by the municipal council;

b. There is a public law contract approved by the municipality regarding the financing;

c. The credits for refinancing have been approved.

2. The credits for refinancing can be waived if

a. The property owners waive the reimbursement from the outset, or

b. The contract stipulates that reimbursement will only occur if the municipality approves the credits later.

1. Property Owners May Plan and Construct Access Infrastructure Themselves if

a. There are projects in place that correspond to the municipal access planning and have been approved by the municipality or, if provided for in municipal regulations, by the municipal council;

b. The requirements contained in the access regulations are met;

c. A public-law contract approved by the municipality is in place, covering further modalities such as the timing and assumption of rights and obligations by the community, connection possibilities and co-financing by neighbors, expropriation issues, etc.

1. Zoning Regulations Determine the Nature and Extent of Usage.

1. New businesses and facilities may only be approved and existing ones may only change their purpose if permitted by zoning regulations.

2. Existing businesses and facilities that, due to changes in their operation or use, no longer conform to the purpose and intent of the zoning regulations may be closed, provided that emissions such as noise, smoke, vibrations, and odors cannot be reduced to a zoning-compliant level through less drastic measures.

1. Municipalities may provide in zoning regulations for the transfer of unclaimed building use to adjacent properties.

2. The transfer shall occur through the establishment of easements, which can only be discharged with the consent of the building permit authority.

3. Municipalities that allow for the transfer of usage are required to establish an exploitation register arranged by property, which provides information on the property's own and the acquired or transferred utilization.

1. If a development index is provided in combination with an exploitation index pursuant to § 18 RBG, municipalities may permit a reallocation of use, allowing for deviations from the development index.

2. The municipalities regulate the conditions for reallocation of use in the zoning regulations.

1. The boundary distance is the space between the projected facade line and the parcel boundary. Building parts that extend beyond the facade line according to § 53 RBV are considered insignificant protruding building parts for determining the projected facade line.

2. Facade sections, with or without openings, must adhere to the following boundary distances in meters in relation to neighboring properties, corresponding to their length (Facade Length FL) and number of stories (Number of Stories NS)

| | NS 1 | NS 2 | NS 3 | NS 4 | NS 5 |

| --- | --- | --- | --- | --- | --- |

| FL up to 6 m | 2.0 | 2.5 | 3.0 | 3.5 | 4.0 |

| FL over 6 m up to 12 m | 2.5 | 3.0 | 4.0 | 5.0 | 6.0 |

| FL over 12 m up to 24 m | 3.0 | 4.0 | 5.5 | 7.0 | 8.5 |

| FL over 24 m up to 36 m | 3.0 | 5.0 | 7.0 | 9.0 | 11.0 |

3. For further lengths and numbers of stories of buildings, the boundary distance is determined by the building permit authority taking into account local conditions.

4. The government council regulates the details regarding the calculation of boundary distances and specifies the distance for underground structures in the ordinance.

1. The building distance is the space between the projected façade lines of two buildings.

2. For structures on the same property, this distance must be maintained as if there were a boundary between them, unless the structures are single-story, uninhabitable accessory buildings such as garages, sheds, and small buildings.

3. Reserved are the fire protection distances according to the legislation on fire and natural hazard prevention.

1. Retaining walls and enclosures that do not exceed a height of 1.2 meters may be placed on the boundary or constructed half-half on the boundary with the written consent of the neighboring property.

2. Without the written consent of the neighboring property, higher retaining walls and enclosures must be set back from the boundary by double the measure of their excess height.

3. For retaining walls and enclosures that do not provide visibility and exceed a height of 2.5 meters, the distance regulations between neighboring properties apply.

4. The height of retaining walls and enclosures is measured from the lower-lying terrain.

5. For green hedges, the provisions of the Introductory Act to the Swiss Civil Code apply.

1. Excavations and embankments that are not secured by a retaining wall must not unreasonably affect the neighboring property and must maintain a distance of 0.6 meters from the boundary. This distance requirement may be waived with the written consent of the neighboring property owner.

2. Retaining walls, steep slopes, and other structural installations where there is a risk of falling must be provided with the necessary enclosures. These are not subject to the distance requirements.

1. Deviations from boundary distances are permissible if agreements concerning closer construction or boundary building rights are provided.

2. For their validity, these agreements require public certification and registration as an easement in the land register. These easements may only be deleted with the consent of the building permit authority.

3. The government council specifies in the ordinance the cases in which the establishment of closer or boundary building rights may be waived.

4. The establishment of a boundary building right may be waived if

a. the municipalities, within the scope of their zoning plans, stipulate that construction must occur adjacent to the boundary. In this case, the building profile permitted according to the zoning plan determines the scope of the boundary building right (closed construction method);

b. terraced houses or buildings according to the neighborhood plan or exceptional development according to a unified plan are constructed;

c. a building already exists on the boundary (legal boundary building right).

5. In all other cases, the scope of the boundary building right is determined by the agreement underlying the establishment of the boundary building right.

1. Where building lines do not stipulate otherwise, the following minimum distances for constructions apply

a. On cantonal roads: 5 m from the road line, but at least 10 m from the road axis;

b. On municipal roads and private roads dedicated to general traffic and intended to be later taken over by the municipality: 4 m from the road line, but at least 7 m from the road axis;

c. On railway lines: 10 m from the outermost rail axis, except for constructions related to railway operations or those accessed by rail;

d. On public waters: the ordinary boundary distance, but at least 6 m. Where there is no parcel boundary, the distance is measured from the upper edge of the bank slope, with exceptions for constructions in port facility areas. The government council regulates the distance for culverted public waters in an ordinance;

e. On forest edges: 20 m;

f. On footpaths and private roads not taken over by the municipality: the boundary distances to neighboring properties must be observed;

g. On cemeteries: 20 m.

1. Building lines limit construction and particularly serve to secure existing and planned facilities and areas as well as architectural design.

2. Building lines take precedence over regulations concerning the distance of constructions from traffic routes, forests, bodies of water, and cemeteries.

1. Building lines establish the minimum distance of a structure from

a. existing and planned roads, paths, squares, and parking areas;

b. along railway tracks;

c. along lines of regional significance;

d. along bodies of water;

e. along forest edges;

f. along protection zones;

g. along cemeteries.

2. Design building lines definitively establish the alignment of a building. Design building lines are equivalent to the building layouts or building zones designated within zoning planning.

3. Additional building lines may be established for

a. underground structures and components;

b. individual floors;

c. structures and facilities serving noise protection.

4. Provisional building lines may pass through existing structures, resulting in a prohibition of rebuilding in front of these lines in the event of complete destruction.

5. When building lines are established along forest edges, consideration must be given to local forest conditions, and a minimum distance of 10 meters from the forest boundary must be maintained. In areas predominantly built up with legally constructed buildings less than 10 meters from the forest, a building line accounting for the pre-existing situation may be set with a lesser distance from the forest boundary. Existing building lines that do not maintain a minimum distance of 10 meters from the forest need not be adjusted, provided they are outside the forest.

1. Street lines define the area of existing or planned public roads, paths, squares, and parking areas.

1. Retaining Walls, Enclosures, Excavations, and Embankments along Traffic Areas are Subject to Setback Regulations Between Neighboring Properties.

2. The Reference Point is the Street Line or, where none is established, the Property Boundary.

3. Where Street Lines are Established, Retaining Walls, Enclosures, Excavations, and Embankments May Not be Erected in Front of this Line.

4. Retaining Walls, Enclosures, Excavations, and Embankments for Public Road and Water Construction are Not Subject to the Setback Regulations of this Law. This Also Applies to Retaining Walls, Embankments, and Facilities of Private Individuals that are Proven to Serve Noise Protection (Noise Barriers). The Government Council Determines in the Regulation the Conditions that Must be Met for Noise Protection in this Case.

1. The government council regulates in the ordinance

a. the relationship between competing distances and building lines with one another;

b. how and under which conditions the area between building and road lines may be used;

c. whether and to what extent building parts and fixed objects may project beyond the legal building distances according to the regulations on the distance of buildings from traffic routes, forests, bodies of water, and cemeteries or beyond the building lines;

d. how and under which conditions the area between the road lines may be used.

1. All structures and facilities must possess the necessary stability according to their purpose and comply with the requirements of hygiene, safety, environmental protection, water protection, energy use, protection against gravitational natural hazards (in particular flooding, rockfall, and landslides), as well as the regulations concerning labor, fire, and trade police. In particular

a. Residential and workspaces must be insulated through appropriate measures against moisture, temperature influences, heat losses, and noise, and must be adequately illuminated and ventilated;

b. Materials that can lead to harmful or nuisance effects must not be used;

c. Proportional measures that sustainably protect against the effects of gravitational natural hazards must be planned and implemented in new constructions as well as in hazard-relevant alterations to existing structures and facilities.

2. Driveways and exits onto roads and squares must not lead to obstruction and danger to traffic participants. Garages with direct driveways must maintain a minimum distance of 5 meters from the road line.

2bis The requirements of fire protection and protection against damage caused by gravitational natural hazards are determined by the legislation on fire and natural hazard prevention.

3. The building permit authority can require investigations into the building ground conditions at the expense of the construction owner if the stability of the building ground is in question.

4. Permits for the construction or significant changes to large developments or stores for goods of daily use with more than 500 m² of net sales area are only granted if

a. an appropriate space is foreseen for the establishment of collection points for recyclable and special household waste, and

b. a sufficient number of covered bicycle parking spaces are planned.

1. In the construction of buildings, the recognized rules of building science must be observed.

2. In particular, during construction and demolition work, measures consistent with the state of the art must be taken to prevent accidents and to reduce or avoid emissions such as noise, dust, exhaust gases, and odors, as well as to apply environmentally friendly and waste-reducing procedures.

1. The Government Council issues the building police regulations in the ordinance, particularly concerning

a. the minimum dimensions of rooms, corridors, and staircases, lighting and ventilation facilities;

b. * ...

c. the construction of scaffolding and safety measures during the execution of construction;

d. the use of public areas during the construction process.

1. All constructions and facilities requiring approval must be designed and integrated into the surroundings in such a way that the objectives of nature, landscape, monument, and heritage protection are taken into account, with particular consideration given to

a. valuable local and landscape images,

b. courtyards valuable to the residential environment,

c. tree populations important to the settlement image.

1. Mobile communication facilities may only be erected on roofs if they comply with local regulations on rooftop structures, cannot be accommodated within the building, and do not disfigure the roofscape. Masts and all components of a mobile communication facility that must be installed on the roof for technical reasons are not subject to the dimensional and situational regulations for rooftop structures, but they are subject to the prohibition against disfigurement.

2. Mobile communication masts erected on the ground are not subject to any height restrictions. They must blend into the landscape and local appearance, and may only be equipped with components that must be attached to the mast for technical reasons.

1. Solar installations in construction zones and agricultural zones are generally exempt from requiring a construction permit within the meaning of Art. 18a para. 2 let. a of the Federal Act of June 22, 1979, on Spatial Planning (SPA). They must be reported to the competent authority before implementation.

2. Solar installations to be erected in core zones, heritage protection zones, or monument protection zones are subject to mandatory approval. Such solar installations must be sufficiently adapted to the roofs.

3. Solar installations intended to be erected on a cultural or natural monument of cantonal or national significance are also subject to mandatory approval. Such solar installations must not substantially impair such monuments.

4. Municipal zoning regulations that contradict federal law and the present provision are considered repealed.

1. In the interest of traffic safety as well as the local and landscape appearance, the erection, attachment, relocation, or modification of advertisements requires a permit.

2. The government council shall issue further regulations in an ordinance. It may provide for exceptions to the permit requirement.

3. The municipalities may issue their own advertising regulations within the framework of federal and cantonal law. If the municipalities do not issue advertising regulations, the provisions of the ordinance shall apply.

4. The authority responsible for granting permits is the municipal council.

**1. Election and Referendum Posters for Cantonal and Federal Elections and Referendums**

Election and referendum posters for cantonal as well as federal elections and referendums may be erected no earlier than 6 weeks before the polling day and must be completely removed no later than 1 week after the polling day.

**2. Removal of Posters in Case of Violations**

In cases of violations against paragraph 1, the election and referendum posters may be removed immediately at the expense of the responsible person or organization by the competent municipal authority without prior warning of compulsory execution.

**3. Municipal Regulations for Local Elections and Referendums**

For local elections and referendums, municipalities may issue their own regulations regarding the display duration of election and referendum posters.

**4. Application of Provisions in the Absence of Municipal Regulations**

If the municipalities refrain from issuing their own regulations, paragraphs 1 and 2 shall apply accordingly to local elections and referendums.

1. The construction, conversion, and change of use of buildings and facilities, for which there is a need for parking spaces for motor vehicles and bicycles, may only be approved if a specified number of parking spaces (minimum parking space requirement) are provided.

2. The parking spaces may be located on the property itself or in its immediate vicinity.

3. Parking spaces on third-party land must be secured by easements registered in the land register. These can only be deleted with the consent of the building permit authority.

4. The government council regulates in the ordinance how the minimum parking space requirement is determined.

5. The municipalities can regulate the parking space requirement themselves in a regulation. They coordinate settlement and traffic. This takes precedence over the minimum parking space requirement regulated by the government council according to paragraph 4.

6. The government council regulates the approval conditions for regulations according to paragraph 5.

1. If the necessary parking spaces cannot be created due to legal or factual reasons or only with disproportionally high financial effort, the builder shall pay a compensation fee to the municipality.

2. The municipality shall issue a regulation concerning the compensation fee.

3. The building permit authority determines the normal requirement for parking spaces, any potential reduction, as well as the corresponding compensation fee according to the regulation on compensation fees within the building permit.

4. The compensation fee becomes due once the building permit becomes legally effective. Its revenue is to be used specifically for the development, construction, maintenance, and operation of public parking spaces or of private parking that is available to the public. The compensation fee can be reclaimed within 5 years if the necessary parking spaces are subsequently created.

5. Upon request of the municipality, the building permit authority may require the provision of the compensation fee before the issuance of the building permit.

1. Publicly accessible buildings and facilities must be designed to be accessible and usable for people with disabilities.

2. In multi-family homes with 6 or more apartments, the entrances to the building, the apartments, ancillary rooms, and outdoor facilities must be designed to be wheelchair-accessible. In the case of challenging topographical conditions, the permitting authority may allow exceptions. The ground floor apartments and those accessible by an elevator must be designed to be adaptable to the needs of people with disabilities.

3. Buildings with more than 50 workplaces must be designed to be accessible and usable for people with disabilities.

4. The permitting authority may grant exceptions for renovations or changes in use if the effort and additional costs would be disproportionate or if other overriding public interests oppose it.

5. Parking spaces for publicly accessible buildings and facilities, multi-family homes with more than 6 apartments, and buildings with more than 50 workplaces must include wheelchair-accessible parking spaces near the entrance. These parking spaces must be clearly marked.

6. The government council specifies the relevant definitions and applicable regulations in the ordinance.

1. Existing, lawfully constructed buildings and facilities, which have become non-conforming to current zoning, specifically those used for services, industry, and commerce, may be maintained, reasonably expanded, converted, or partially repurposed, provided that their impact on the neighborhood remains the same or is reduced.

1. Existing, lawfully constructed buildings and facilities in the waterbody area may

a. be maintained;

b. be reasonably extended, converted, or repurposed, provided that the functions of the waterbody area are not further impaired and the conditions of § 109 are otherwise complied with.

1. Existing, lawfully constructed buildings and structures that contradict general building regulations may be maintained and suitably renovated.

1. The building permit authority may, in weighing public and private interests, grant exceptions if the application of general construction regulations in the alteration of existing buildings or the reconstruction of destroyed structures and facilities is associated with significant disadvantages for the building owner.

2. Exceptions provided for within the scope of cantonal and municipal land use planning remain reserved.

1. The Building Permit Authority may, upon request of the Municipal Council, grant exceptions to the provisions regarding the development prerequisites of a property

a. for plots intended to be developed under a neighborhood plan or an exceptional development according to a uniform plan;

b. for buildings and groups of buildings constructed in topographically challenging terrain;

c. for small structures used for agricultural purposes;

d. for plots where access is adequately and permanently secured through easements.

1. The building permit authority may allow exceptions to the boundary and building distance regulations

a. for constructions created within a neighborhood plan perimeter, and when during the phased realization of the neighborhood development, the boundary and building distances cannot be maintained between new and old buildings;

b. for constructions created within an exceptional development according to a uniform plan;

c. for constructions within zones for public works and facilities;

d. to preserve architecturally and urbanistically valuable parts of the site;

e. for constructions within industrial and commercial zones, considering fire safety aspects;

f. if, upon the enactment of this law, a building already stands on the neighboring parcel at a smaller distance than this law prescribes;

g. in the case of subsequent, energy-related external insulations;

h. * for underground parking facilities and garages that slightly protrude the relevant terrain.

2. The building permit authority may allow exceptions to the distance regulations for retaining walls, enclosures, excavations, and embankments

a. in public traffic areas with the consent of the owner;

b. within industrial and commercial zones;

c. in the interest of noise protection, when parcels adjoin commercially or industrially used properties.

3. The building permit authority may allow exceptions to the distance from the street line for garages, provided the topographical conditions require it and traffic safety is not impaired.

4. For pre-existing buildings outside the construction zone, the building permit authority may grant exceptions to the statutory forest distance regulations, provided topographical or operational reasons or public interests justify it.

1. The building permit authority may grant exceptions when existing structures that extend beyond construction boundaries or building lines are altered, and such alterations exceed regular maintenance.

2. It may attach a condition to the exception requiring the property owner to waive the right to claim the increased value resulting from the alteration upon execution of public works (covenant).

3. The covenant must be noted in the land register. After 5 years from the entry, the added value borne by the property owner decreases annually by 5%. After 25 years, the covenant expires.

1. Exceptions for the construction and change of purpose of buildings and facilities outside of construction zones are governed by the provisions of federal law.

2. Exceptions pursuant to Article 24d of the Federal Act on Spatial Planning are permitted.

1. Exception permits are granted by the Directorate of Construction and Environmental Protection, subject to the jurisdictional provisions in the cantonal forest legislation.

2. Building permits for non-conforming structures and facilities outside the building zone may only be issued once the legally effective exception permit is in place.

1. Building police and building permit matters are the responsibility of the canton.

2. The Government Council shall establish in the ordinance which buildings and facilities fall under the jurisdiction of the municipalities and determine the procedure.

3. The Government Council may transfer the building police and building permit matters to the municipalities, provided they request it and have an appropriate organization.

1. If construction projects require additional permits besides the building permit, the various procedures must be coordinated in content when conducted simultaneously.

2. The building permit procedure serves as the leading procedure. The authority responsible for coordination is the building permit authority.

3. For construction projects that also require a permit for building outside the designated construction zone, this permitting procedure is the leading procedure. For construction projects that also require a concession from the canton, the concession procedure is the leading procedure.

1. In coordinated procedures pursuant to § 119, the coordinated orders or decisions issued by multiple authorities can be appealed to a unified appellate instance. This appellate instance is determined by the specific legislation governing appeals for orders and decisions in the lead procedure.

2. The appellate instance conducts a review for legal violations, including excess, deficiency, or abuse of discretion, as well as inaccurate or incomplete determination of the facts and inappropriateness.

1. A Building Permit is Required for

a. the construction of new buildings, the extension, or modification of existing buildings and building components, as well as for all structural installations above or below ground;

b. the change in the use type of existing buildings and installations, particularly when there is a significant change in commercial use;

c. landfills, deposit sites, material pits, and quarries;

d. retaining walls, excavations, and embankments, as well as structural installations serving noise protection;

e. enclosures, provided that the municipalities subject them to the building permit requirement;

f. the establishment of campsites and the installation of caravans;

g. outdoor antenna installations.

2. A Permit is Required for

a. * the demolition of buildings and building components on properties if this is not granted as part of a building permit for a new construction or conversion;

b. * maintenance work on installations according to paragraph 4 letter a if more than 200 m³ of demolition material is likely to be generated or if the demolition material is contaminated with pollutants.

3. The Governing Council specifies in the regulation in which cases a demolition permit is not required, and which structural measures are exempt from the building permit requirement based on their type, extent, and the duration of their establishment.

4. No Permit is Required for

a. * public lines and civil engineering works, particularly sewers, water lines, power lines, roads, bridges, and water utilization structures; provided, however, that excavation or connection permits from the property owner or the owner of the installation, as well as the execution of legally prescribed approval procedures, remain reserved, along with § 120 paragraph 2 letter b;

b. * noise protection installations in connection with public road construction.

1. In order to clarify important construction issues, the building permit authority may be requested to make a preliminary decision. The government council shall regulate the prerequisites and the procedure in the ordinance.

1. Mobile network operators shall inform the municipalities and the canton annually about the current status of network planning.

2. Before submitting a building application for a mobile network facility, the mobile network operator is obliged to submit a preliminary clarification request concerning the location to the local municipality. The municipality may require the mobile network operator to propose an alternative location. It reviews the intended location and discusses any alternative locations proposed by the mobile network operator. The municipality may involve the Air Hygiene Office of both Basels.

3. After conducting the consultation process, which the municipality must document, the mobile network operator may formally submit the building application to the competent building permit authority, but no later than 4 months after the submission of the preliminary clarification request to the local municipality.

1. Deviation from the approved plans is only permissible with the consent of the building permit authority and after consultation with the municipality and the affected neighborhood.

2. In the case of significant deviations, a new building permit is required.

1. With the issuance of the building permit, the official inspection of constructions, facilities, or operations, and the supervision of construction work, the authority does not assume responsibility for the building site, the effects of gravitational natural hazards, or for damages resulting from the facility or its operation. Conversely, the public entity bears responsibility for orders issued by it in accordance with the provisions of the Law on the Liability of the Canton and Municipalities (Liability Law).

1. Applications must be submitted to the construction permit authority on the official form, along with all documents required for the examination.

2. The government council determines in the regulation

a. who must sign the application and the documents;

b. * which documents are to be attached to the construction or deconstruction application;

c. for which construction measures building profiles are to be set up.

3. The construction permit authority will return incomplete applications for completion or improvement. In the case of minor defects, it may require completion or improvement within a reasonable period; applications not completed or improved within the period will not be considered.

4. Applications that clearly violate mandatory public law provisions will be rejected without publication and exposure.

1. Building applications are assessed according to the law that is in effect at the time the building permit is granted.

2. If legal remedies are pursued, the appellate authority is to apply the law that has come into force in the meantime.

1. Applications shall be published in the official gazette, indicating the period for public inspection and providing a reference to the source of the construction application documents available on the internet during the inspection period. Simultaneously, the application shall be made available for public inspection in the relevant municipality for a period of 10 days.

1bis. Applications for demolition, except for those in core zones and of protected cultural monuments, are not subject to publication and public inspection requirements.

2. Applications accompanied by an environmental impact report shall be available for inspection for 30 days.

3. Particular attention shall be drawn in the publication to applications for construction projects located outside building zones or those additionally requiring a deforestation permit.

4. The government council shall determine in the ordinance which permit-required measures may forego publication and public inspection.

5. The municipal council shall inform the owners of parcels adjacent to the construction site of the public inspection, specifying the inspection period, by registered mail or by other suitable means.

6. During the duration of the public inspection, the construction profiles must be erected.

1. Any person who has objections to a construction project may file an appeal.

2. In cases of manifestly inadmissible or manifestly unfounded appeals, the building permit authority may impose procedural costs of up to CHF 3,000.

3. The municipal council is obliged to file an appeal if construction and planning regulations are violated.

4. Appeals must be submitted in writing to the building permit authority within the publication period. They must be justified within 10 days after the end of the publication period.

5. The building permit authority will not consider appeals if

a. they are not filed within the deadline or

b. they are not justified within the deadline.

6. If there are civil law appeals, the building permit authority will not consider them and will refer the appellant to the civil court, which may prohibit the commencement of construction until the lawsuit is legally resolved.

1. The building permit authority ensures the expedited processing of the building permit procedure.

2. Any objections received are promptly communicated to the applicant, and the status of the building permit procedure is communicated in writing no later than 30 days after the expiration of the objection substantiation period.

3. The building permit authority invites the applicant to comment within a deadline. If no comment is received within the deadline, the building permit authority may decide based on the documentation available.

4. The building permit authority may invite the parties involved in the objection procedure to a conciliation hearing. It must extend such an invitation if requested by one of the parties.

5. The building permit authority decides on the building application and any objections received no later than within 3 months. In the case of complex building projects requiring an environmental impact assessment, or upon request by the building owner, the building permit authority must decide no later than one year after the submission of the building application.

1. The building permit is granted subject to private rights if the construction project complies with the legal provisions and any objections of a public-law nature have been definitively decided.

2. The building permit authority attaches the necessary supplementary provisions such as conditions, requirements, and time limits to the building permit.

3. For construction projects for which an environmental impact assessment has been carried out, the environmental impact report, the assessment by the cantonal environmental protection office, and the decision of the building permit authority (objection or permit decision) are announced in advance and made available for public inspection in the official journal for 30 days.

4. Conditions related to the property that are connected to the building permit must be noted in the land register upon notification by the permit authority.

1. Construction or demolition work may only commence once the legally binding approval or partial approval has been obtained.

2. If a construction application has been submitted, the commencement of construction work for the excavation and for individual structural elements may be permitted on written request before the construction permit is issued, provided there are no objections to the partial execution based on the current status of the application review (partial construction permit).

3. In the construction permit, additional requirements may be imposed for the parts of the construction project already approved, even if they are under execution or have already been executed.

1. The building permit authority may revoke a building permit with compensation for the costs incurred by the building owner if

a. a planning zone is enacted and the construction project has not been carried out or has been carried out only in part, or

b. overriding public interest requires it.

2. The building permit authority shall revoke the building permit without any financial consequences or take other measures if the applicant for the building permit obtained the issuance of the permit through false information.

3. An appeal against a revocation order does not have a suspensive effect.

1. A construction or deconstruction permit shall lapse if construction or deconstruction activities have not commenced within 2 years from the date on which the permit becomes legally binding.

2. The deadline may be extended by 1 year by the construction permit authority for important reasons upon a written request.

3. If construction is not completed within a reasonable period, the construction permit authority shall set a completion deadline under the threat of permit expiration.

4. If the set deadline passes unused, the construction permit authority shall declare the permit expired and simultaneously order the removal of already constructed parts.

1. Against the denial of a construction or deconstruction application, against the conditions attached to a construction or deconstruction permit, against decisions on objections, or against other orders of the building permit authority, the affected parties and the municipalities may submit a written and reasoned appeal to the Building Appeals Commission within 10 days.

2. ...

3. Appeals must be submitted within 10 days from the delivery of the decision and justified within an additional 30 days.

4. For construction projects requiring an environmental impact assessment, the appeal period is 30 days.

5. Unless otherwise provided by federal law, only those who participated in the objection procedure are entitled to appeal.

6. If the building permit is granted by the municipality, the Directorate of Building and Environmental Protection is entitled to appeal.

1. The Construction Appeals Commission consists of 5 regular members and 3 substitute members. These members may not simultaneously belong to the Cantonal Court and may not act as representatives of a party.

2. The Government Council elects the President and the other members and substitute members. The Construction Appeals Commission is otherwise self-constituting.

3. The Construction Appeals Commission generally decides on complaints within 3 months.

4. The Government Council regulates the organization and procedure of the Construction Appeals Commission by ordinance.

5. Decisions of the Construction Appeals Commission can be appealed to the Cantonal Court by the affected parties and the municipalities.

6. Municipalities cannot independently appeal cost decisions.

1. A fee is charged for the approval of constructions and facilities, as well as for changes in use and deconstructions. The government council shall enact a fee schedule.

2. The fee is based on the nature and scope of the building object and the examination costs. It is also charged for preliminary examinations. In particularly complex procedures or in procedures requiring an environmental impact assessment, the fee may be reasonably increased.

3. Two-thirds of the building permit fee is allocated to the canton and one-third to the municipality. If the municipality is responsible for issuing the building permit, it receives two-thirds of the fee.

4. For construction projects requiring an environmental impact assessment, the municipality's share is reduced to one-quarter of the fee. If the municipality is responsible for issuing the building permit, it receives half of the fee.

5. The approval fee is also charged for construction projects of the canton, the residents' and citizens' municipalities, the state-recognized churches and their congregations, as well as the church and school property.

1. Anyone who intentionally or negligently violates this law or the decrees and enforceable orders of the canton and municipalities based on it shall be punished with a fine.

2. In serious cases, the fine may be increased to CHF 100,000.

3. Unlawful profits shall be confiscated in accordance with the provisions of the Swiss Criminal Code.

1. If construction or demolition work is commenced without authorization, or if structures are built or used contrary to the approved plans or legal regulations, the building permit authority shall order the suspension of work or, if necessary, prohibit the use of the building under threat of sanctions for disobedience in accordance with the Swiss Penal Code.

2. Orders to suspend work and prohibitions on use are immediately enforceable.

3. If a subsequent building permit cannot be granted, the restoration of the lawful condition is ordered within an appropriate deadline. The competent authorities are

a. the Department of Building and Environmental Protection for structures and facilities outside of building zones;

b. the building permit authority in all other cases.

1. Independent of any criminal prosecution, the removal of unlawful conditions may be ordered under threat of a penalty for disobedience in accordance with the Swiss Criminal Code. The responsible authorities are

a. the Directorate of Building and Environmental Protection for buildings and facilities outside designated building zones;

b. the building permit authority in all other cases.

2. Insufficient maintenance of buildings and facilities is also considered unlawful if it poses dangers to humans and animals.

3. If this order is not complied with within the stipulated period, the building permit authority shall arrange for substitute performance at the expense of those responsible for maintenance.

4. For the costs incurred, the canton or municipality is entitled to a statutory lien on the property, which takes precedence over all other liens, without requiring registration in the land register.

1. The canton and municipalities must adapt their regulations to this law within 5 years of its coming into force. The government council may extend this period for municipalities upon their request.

2. Building applications pending at the time this law comes into force will be assessed under the new law, while pending appeals will be evaluated under the old law.

1. Municipalities must adjust their regulations within 15 years from the entry into force of the changes associated with the adoption of the IVHB.

2. The Government Council may extend this period for municipalities upon their request.

3. The Government Council determines the necessary adjustments in the Ordinance of October 27, 1998, regarding the Spatial Planning and Building Act. For those municipalities that have not yet adjusted their zoning regulations to the IVHB, the previous law shall continue to apply.

1. Existing planning zones that are recorded in the land register are documented in the ÖREB cadastre.

1. The Administrative Procedure Act of June 13, 1988, is amended as follows: ...

1. The Law of December 16, 1993, on the Constitutional and Administrative Procedure Order is amended as follows: ...

1. The Act of June 19, 1950, on Expropriation is amended as follows: ...

1. The Act of May 30, 1911 on the Introduction of the Civil Code (EG ZGB) is amended as follows: ...

1. The Act of February 26, 1959, regarding the Hospitality Industry and the Small- and Medium-Sized Trade in Alcoholic Beverages (Economic Act) is amended as follows: ...

1. The Law of September 2, 1974, concerning Water Construction and the Use of Water Bodies is amended as follows: ...

1. The Environmental Protection Act of Basel-Landschaft of February 27, 1991, is amended as follows: ...

1. The Law of January 7, 1980, on Inheritance and Gift Tax is amended as follows: ...

1. The Act of September 21, 1961, concerning the Code of Civil Procedure (ZPO) is amended as follows: ...

1. The Law of May 28, 1970, concerning the Organization and Administration of Municipalities (Municipal Law) is amended as follows: ...

1. The Road Act of March 24, 1986, is amended as follows: ...

1. The Rhine Harbor Act of March 30, 1992, is amended as follows: ...

1. This law specifically repeals

a. the Building Act of June 15, 1967;

b. the Decree of January 27, 1969, on the Building Act of June 15, 1967;

c. the District Council Resolution of March 13, 1975, concerning the procedure for creating new retail areas;

d. the Ordinance of May 24, 1988, concerning construction outside of designated building zones.

1. The Government Council determines the entry into force of this law.