Legislator Case Law & Legislation
400.11 AGSFSTFIRBV CH-BL

Ordinance on the Spatial Planning and Building Act (RBV) - Purpose and Scope (AGSF)

135 Articles / Provisions · Switzerland · Canton of Basel-Landschaft
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Table of Provisions (135)

§ 1 RBV - Purpose and Scope § 1a RBV § 2 RBV § 3 RBV § 3a RBV § 3abis RBV § 3b RBV § 3c RBV § 3d RBV § 4 RBV § 5 RBV - Subsidiary Municipal Building Lines § 6 RBV § 7 RBV § 8 RBV - Natural Terrain § 8 IVHB RBV - Relevant Terrain § 9 RBV § 10 RBV § 11 RBV - Landscape Protection Zones § 12 RBV - Landscape Conservation Zones § 13 RBV - Shoreline Protection Zones § 14 RBV - Groundwater and Spring Protection Zones § 15 RBV **§ 16 RBV - Local Area Protection Zones** § 17 RBV § 18 RBV § 19 RBV - Archaeological Protection Zones § 20 RBV § 20a RBV - Shadow Casting § 21 RBV § 22 RBV - Development § 22a RBV § 23 RBV § 24 RBV § 25 RBV § 26 RBV § 27 RBV - Preliminary Examination § 28 RBV - Decision on Land Reallocation § 29 RBV § 30 RBV § 31 RBV § 32 RBV - Issuance of the Road Network Plan and the Construction and Street Line Plans § 33 RBV § 34 RBV - New Traffic Facilities § 35 RBV § 36 RBV § 37 RBV § 38 RBV § 39 RBV - Approval of the Reallocation Plan § 40 RBV - Border Regulation § 41 RBV - Reallocation of Building Land by Private Agreement § 42 RBV § 43 RBV - Approval Procedure § 44 RBV § 45 RBV § 46 RBV - Relevant Parcel Area for Calculating Building Utilization § 46 IVHB RBV - Creditable Land Area (cLA) § 47 RBV - Calculation of the Building Index § 47 IVHB RBV - Calculation of the Building Overlap Ratio § 48 RBV - Calculation of the Utilization Rate § 48 IVHB RBV - Green Area Index § 49 RBV - Calculation of the Utilization Index § 49 IVHB RBV § 50 RBV - Building Parcels in Different Zones § 51 RBV - Parceling, Underutilized Plots § 52 RBV - Main Structures § 52 IVHB RBV - Main Buildings § 52a IVHB RBV - Building Length § 52b IVHB RBV § 52c IVHB RBV - Building Height § 52d IVHB RBV - Knee Wall Height § 52e IVHB RBV - Light Height § 52f IVHB RBV - Full Stories § 52g IVHB RBV § 52h IVHB RBV - Attic Floors § 52i IVHB RBV - Attic Floors § 52j IVHB RBV - Façade Height § 53 RBV § 53a IVHB RBV - Façade Alignment § 53b IVHB RBV - Façade Line § 53c IVHB RBV - Projected Façade Line § 54 RBV - Structures and Building Components Between Building and Street Lines § 55 RBV § 56 RBV § 57 RBV - Outbuildings § 57 IVHB RBV - Small and Auxiliary Structures § 58 RBV § 59 RBV - Noise Protection Measures in Traffic Areas § 60 RBV § 61 RBV - Competing Distances and Waiver of Proximity Construction Rights § 62 RBV - Landscaping Measures on Water Bodies and Forest Edges § 63 RBV § 64 RBV - Severed Parcels § 65 RBV - Distance to Neighbor § 65 IVHB RBV - Underground Constructions and Their Distance to Neighbors § 66 RBV **§ 67 RBV - Structures in Front of the Building Line** § 68 RBV § 69 RBV § 70 RBV - Number of Parking Spaces for Motor Vehicles and Bicycles/Mopeds § 70a RBV - Barrier-Free Construction § 71 RBV § 72 RBV - Railings and Guardrails § 72 IVHB RBV - Railings and Balustrades § 73 RBV - Window § 74 RBV - Room Heights § 75 RBV - Sanitary Facilities § 76 RBV - Buildings on Boundaries § 76 IVHB RBV - Buildings at Boundaries § 77 RBV - Ventilation and Exhaust § 78 RBV § 79 RBV § 79a RBV § 80 RBV - Utilization of Public Area § 81 RBV § 82 RBV - Excavation Work § 83 RBV § 84 RBV § 85 RBV § 86 RBV § 87 RBV § 88 RBV § 89 RBV § 90 RBV § 91 RBV § 92 RBV § 93 RBV § 93a RBV § 94 RBV - Structures and Facilities that Do Not Require a Building Permit § 94a RBV § 94b RBV § 95 RBV § 96 RBV § 97 RBV § 98 RBV § 99 RBV

Statutory Text (135 Articles)

General Provisions

1. This regulation ensures the enforcement of federal and cantonal spatial planning and construction law.

2. It applies to all areas governed by the Basel-Landschaft Spatial Planning and Construction Act.

General Provisions

1. The provisions marked with a # apply exclusively to the municipalities that have not yet adopted the IVHB. After adopting the changes associated with the IVHB at the municipal level, the following Section 7 IVHB Provisions shall apply.

Spatial Planning - Information and Participation

1. Authorities entrusted with planning tasks shall review the submissions, comment on them, and summarize the results in a report.

2. The report shall be made publicly available. The public is to be informed about the publication.

Spatial Planning - Information and Participation

1. The canton and municipalities are responsible for the continuous updating of the guiding and land use plans, as well as the corresponding regulations.

Spatial Planning - Information and Participation

1. Municipal land use plans are created as digital geospatial base data in a geographic information system (GIS system). Detailed neighborhood plans are exempt from this.

2. Each municipality commissions a data management office with the maintenance and updating of the digital geospatial base data of the municipal land use plans, as well as the associated regulations.

2bis. A different data management office may be commissioned with the maintenance and updating of the geospatial base data of the municipal building lines.

3. A data management office (engineering or planning office) must meet the professional requirements in accordance with the company qualification system for certified surveyors in the Canton of Basel-Landschaft.

4. The municipality reports the data management office to the Office for Spatial Planning without being prompted.

5. The municipality reports a change in the data management office to the Office for Spatial Planning without being prompted.

6. The data management office submits all geospatial base data, as well as regulations affected by a change in the municipal land use plans, updated in digital form according to its specifications to the Office for Spatial Planning.

7. The specifications are made available to the municipalities in the form of technical directives by the Office for Spatial Planning. The technical directives must be coordinated with the GIS Coordination Group Canton-Municipalities (according to § 8 KGeoIV).

8. The Office for Spatial Planning reviews the data, creates a plan representation from the digital geospatial base data, and provides the data management office with a signed electronic plan document.

9. The data management office confirms the conformity of the signed electronic land use plans with the adopted land use plans of the municipality.

10. The municipality submits to the government council, along with the application for approval of the municipal land use planning, the confirmation that the adopted land use plans conform with the signed electronic land use plans.

Spatial Planning - Information and Participation

1. The Office for Spatial Planning integrates the submitted geobase data pursuant to § 3a Para. 6 as ongoing or planned changes to public law property restrictions into the cantonal geodatabase and informs the Office for Geoinformation that these are additional information according to Art. 8b Para. 1 letter a. of the Federal Ordinance on the Cadastre of Public Law Property Restrictions (ÖREBKV).

Spatial Planning - Information and Participation

1. Upon the legally binding approval or partial approval of the municipal land use plan, the governmental council's explanations are incorporated, on behalf of the municipality, by the data management office into the geobase data and the regulation.

2. The data management office

a. provides the updated digital geobase data and regulations to the Department for Spatial Planning within 10 working days after the approval decision becomes legally binding;

b. confirms to the Department for Spatial Planning that the data meets the requirements described in Article 5, Paragraph 2 of the Federal Ordinance on the Cadastre of Public-Law Restrictions on Landownership (ÖREBKV)[5].

3. The approved and updated geobase data and plans are archived by the data management office on behalf of the municipality.

4. Municipalities may publish the geobase data through their own geoservices and provide it to third parties.

5. Within 5 working days, the Department for Spatial Planning integrates the binding geobase data and regulations received from the municipality and its data management office into the cantonal geodatabase and forwards confirmation to the Department for Geoinformation that the data meets the requirements described in Article 5, Paragraph 2 of the Federal Ordinance on the Cadastre of Public-Law Restrictions on Landownership (ÖREBKV)[6].

6. The Department for Geoinformation publishes these through the cantonal geoservices and in the ÖREB cadastre.

1. Spatial Planning - Information and Participation

1. In cases of differing interpretations regarding the course of zoning boundaries that do not lie on parcel boundaries, the municipality shall reach an agreement with the leading Office for Spatial Planning, the municipal data management office, and the concerned landowners on a common determination.

2. The municipal data management office shall record the result of the agreement and incorporate it into the binding geospatial dataset. It archives this dataset and makes it available to the Office for Spatial Planning pursuant to § 3b para. 5.

3. If no agreement can be reached, the municipality shall issue an order.

Spatial Planning - Information and Participation

1. In the event of a change in the coordinates of the official survey, particularly as a result of initial surveys, renewals, or a change in the reference framework, the data management offices of the municipalities shall, in consultation with the Office for Spatial Planning and the Office for Geoinformation, geometrically adjust the dataset of the relevant spatial planning to the survey within a reasonable period of time.

2. The data management offices of the municipalities shall archive the transformed data and provide it to the Office for Spatial Planning in accordance with § 3b paragraph 5.

Spatial Planning - Cantonal Structure Planning

1. The Cantonal Concept of Spatial Development and the Cantonal Structure Plan encompass the following subject areas

a. Settlement,

b. Nature and Landscape,

c. Transportation,

d. Supply and Disposal, and other Land Uses.

Spatial Planning - Cantonal Land Use Planning

1. If the municipalities, within the scope of their land-use planning, determine that deviations from the statutory building distances along cantonal roads, public waters, and railway lines necessitate the delineation of building lines, they shall request the Building and Environmental Protection Directorate to declare within 3 months whether it intends to establish the building lines itself or will leave the delineation of the building lines to the municipality.

2. Should the Building and Environmental Protection Directorate waive the delineation of building lines, it shall inform the municipality of the conditions that must be observed.

3. Within the framework of a preliminary examination procedure, the Building and Environmental Protection Directorate determines whether the cantonal conditions are being complied with.

Spatial Planning - Cantonal Land Use Planning

1. If no objections have been raised during the public notification procedure against a cantonal land use plan, or if raised objections have been resolved with legal finality, the Building and Environmental Protection Directorate shall issue a certificate of legal finality.

Spatial Planning - Municipal Land Use Planning - Zoning Regulations

1. In consideration of public and private interests and in acknowledgment of the special circumstances of the individual case, the municipal council can apply for exceptions to the building permit authority, providing written justification, provided that this is stipulated in the zoning regulations.

2. Unless the municipalities enact other provisions, this particularly applies

a. when the application of these regulations renders an architecturally and urbanistically reasonable solution impossible;

b. when it achieves a better integration into the valuable historical town center;

c. when the residential hygiene of buildings can be substantially improved;

d. when it enables a significant enhancement in the protection of nature and the landscape;

e. when it permits the installation of additional dwellings in already densely built residential areas;

f. when optimal noise protection can only be achieved through corresponding structural measures;

g. when protected interests of archaeology are affected or the preservation of ground monuments can be achieved;

h. when the natural terrain course crucial for determining the base floor height has been significantly altered due to road construction;

i. in the case of large terrain depressions or for reasons related to sewage engineering;

j. regarding the base floor height if special topographical conditions are present and the building height is maintained;

k. in the case of pronounced hardships.

Spatial Planning - Municipal Land Use Planning - Zoning Regulations

1. Natural Terrain is defined as

a. the natural, original topography of the construction site; or

b. the topography as it has existed for at least 30 years prior to the construction application.

2. If the terrain has been altered within the last 30 years and an accurate determination of the natural terrain is not possible, or only possible with disproportionate effort, due to artificial changes to the terrain (structures and installations), even after reviewing previous construction permit documents, the topography relevant to the construction project shall be determined by the construction permit authority after consulting the municipality.

Provisions IVHB

1. The prevailing terrain is considered to be the naturally formed land contour. If this cannot be determined due to previous excavations and fillings, the natural contour of the surrounding area shall be used as a basis. For planning or development purposes, the prevailing terrain may be determined differently in a planning or building permit procedure.

2. If the terrain has been altered, the contour relevant to the building project shall be determined by the building permit authority after consultation with the municipality.

Spatial Planning - Municipal Land Use Planning - Zoning Regulations

1. Provisions Regarding the Measurement of the Building Profile and Roof Structures Are Established in the Zoning Regulations.

Spatial Planning - Municipal Land Use Planning - Protected Zones and Individual Objects Worthy of Protection

1. The Purpose of Nature Conservation Zones and Individual Nature Conservation Objects

a. The preservation and enhancement of landscape areas and elements that are particularly valuable in ecological, scientific, aesthetic, or cultural respects;

b. The preservation of rare and endangered animal and plant species, as well as the protection of their habitats.

2. Nature conservation zones may be designated both as a use zone and as an overlay zone.

Spatial Planning - Municipal Land Use Planning - Protected Zones and Objects Worthy of Protection

1. Landscape Protection Zones Aim to Preserve and Enhance Region-Typical, Ecologically Valuable, and Aesthetically Rich Landscapes and Landscape Parts as well as the Landscape Image.

Spatial Planning - Municipal Land Use Planning - Protection Zones and Protected Individual Objects

1. Landscape Conservation Zones aim to preserve and develop landscapes and landscape areas used for agriculture and forestry in their spatial coherence, ecological function, and appearance.

**Spatial Planning - Municipal Land Use Planning - Protected Zones and Individual Objects Worthy of Protection**

1. Riparian Protection Zones Aim to Protect Shoreline Areas as Habitats for Plants and Animals.

Spatial Planning - Municipal Land Use Planning - Protected Zones and Individual Objects Worthy of Protection

1. Groundwater and Spring Protection Zones protect water from qualitative and quantitative impairments.

Spatial Planning - Municipal Land Use Planning - Protection Zones and Protected Individual Objects

1. Infiltration Zones Ensure the Unrestricted Percolation of Uncontaminated Wastewater.

**Spatial Planning - Municipal Land Use Planning - Protected Zones and Individual Objects Worthy of Protection**

1. Local Heritage Protection Zones aim to protect historically developed or uniformly planned settlements or neighborhoods.

Spatial Planning - Municipal Land Use Planning - Protection Zones and Protected Individual Objects

1. Local Heritage Protection Zones aim to preserve and develop settlement areas characteristic of the locality, in their spatial context and visual appearance.

Spatial Planning - Municipal Land Use Planning - Protection Zones and Protected Individual Objects

1. Monument Protection Zones serve the preservation of protected objects and their surroundings.

2. Individual Monument Protection Objects are cantonally protected cultural monuments.

3. The protection provisions of an individual monument protection object encompass the protected cultural monument as well as its surroundings. The surroundings are considered to be the immediate visible area of the cultural monument.

Spatial Planning - Municipal Land Use Planning - Protection Zones and Protected Individual Objects

1. Archaeological Protection Zones Aim to Preserve Archaeological Sites.

Spatial Planning - Municipal Land Use Planning - Development Planning

1. The Development Program includes all infrastructure facilities necessary to render the properties in the designated building zones suitable for construction, as well as a timetable.

2. The timetable indicates when the municipality intends to legally and financially ensure the construction of the infrastructure facilities.

Spatial Planning - Municipal Land Use Planning - Special Use Planning

1. The shadow cast by a high-rise building, deviating from the regular construction method

a. must be demonstrated with the issuance of the district plan, taking into account the shadow cast by all potential constructions according to the district plan;

b. must not fall on any point of a building or on buildable parts of land for more than 3 hours on an average winter day (February 8 or November 3) between 8:00 a.m. and 5:00 p.m.; exceptions are properties in zones not designated for residential use, as well as buildings within the district plan itself.

2. The municipalities illustrate in the accompanying report the effects on the long-term development possibilities of the surrounding districts and coordinate them with the district planning.

3. In justified exceptions, such as in urban planning with special locations, deviations from the shadow casting rule according to paragraph 1 letter b may be permitted.

4. The municipal council requests the approval of the deviation according to paragraph 3 from the government council with the application for approval of the district plan.

Spatial Planning - Municipal Land Use Planning - Areas for New Sales Units

1. A retail unit is defined as one or more retail enterprises (shopping centers) with an unrestricted customer base and a product range for daily or periodic needs. They may include specialty shops, service establishments, showrooms, restaurants, etc.

2. Retail units must structurally and in terms of accessibility form a cohesive unit.

3. Retail units with a sales area of more than 5,000 square meters of net shop area must meet increased location requirements regarding central function, accessibility, connection to public transportation, and minimal impact on residential areas.

**Spatial Planning - Municipal Land Use Planning - Areas for New Retail Units**

1. Retail units with more than 1,000 m² of net sales area must be adequately accessible by private and, where applicable, additionally by public transport in accordance with their offerings.

2. Retail units with more than 5,000 m² of net sales area must be well accessible by public transport.

Spatial Planning - Municipal Land Use Planning - Areas for New Sales Units

1. Good accessibility by public transport is provided when, at a walking distance of up to 350 meters between the sales unit and the stop, a service frequency of at least every 10 minutes is planned as the basic offering.

2. Multiple connections to public transport are to be assessed cumulatively.

3. For peak times, the service offering should be adjusted to meet demand.

4. If the connection to public transport is made via a local bus, the timetable must be coordinated with the higher-level public transport connections.

Spatial Planning - Municipal Land Use Planning - Areas for New Retail Units

1. Extensions of sales units created within the framework of a district planning procedure require a corresponding amendment to the district plan.

2. Existing sales units that would newly be subject to the district planning obligation may be expanded by up to 20%, but no more than 500 m² of net shop area in total, without the need for a district planning procedure.

Spatial Planning - Municipal Land Use Planning - Areas for New Retail Units

1. The net retail area includes all above-ground and underground sales and exhibition areas accessible to the clientele.

2. Not included in the net retail area are all areas not accessible to the clientele, such as those for storage and auxiliary rooms, rooms for operational technology, personnel, service companies, and offices, etc., as well as parking areas.

3. Exhibition rooms for furniture, motor vehicles, textiles, and uncovered outdoor sales areas such as construction and plant markets are counted only at half value.

Land Readjustment and Boundary Adjustments - Initiation of the Readjustment Procedure and Determination of the Perimeter

1. The application to the municipal council to initiate a land redistribution procedure must be submitted in writing, with justification, and must specify a possible delineation of the perimeter.

Land Consolidation and Boundary Adjustments - Initiation of the Consolidation Procedure and Determination of the Perimeter

1. The readjustment perimeter delineates as a readjustment area those parcels of land to which the provisions regarding land readjustment apply.

2. Where it proves to be sensible, perimeter adjustments are to be made to properties that are intersected by the readjustment perimeter.

3. If there are roads or water bodies at the edge of the readjustment area, their axes form the readjustment perimeter.

Land Readjustment and Boundary Adjustments - Initiation of the Readjustment Procedure and Determination of the Perimeter

1. The reallocation perimeter must be submitted to the Office for Geoinformation for preliminary review. This office obtains the report from the Office for Spatial Planning and, if necessary, from other relevant departments.

**Land Reallocation and Boundary Adjustments - Initiation of the Reallocation Process and Determination of the Perimeter**

1. Depending on the jurisdiction, the municipal council or the government council determines to the Directorate of Economic Affairs and Health and the affected landowners that the land reallocation has been decided.

2. Subsequently, the Directorate of Economic Affairs and Health issues the implementation decision to the authorities and departments interested in the land reallocation.

Land Consolidation and Boundary Adjustments - Initiation of the Consolidation Procedure and Determination of the Perimeter

1. In the execution resolution, the responsible land registry office is invited to record the annotation of the participation obligation of the affected properties.

2. The Office of Geoinformation shall delete the annotation in the land register upon the request of the Implementation Commission, as soon as any objections to the cost distribution have been legally settled, and the compensation payments as well as the reallocation costs have been paid or secured.

Land Readjustment and Boundary Adjustments - Initiation of the Readjustment Procedure and Determination of the Perimeter

1. The Execution Commission consists of 3-7 members, and the Valuation Commission consists of 3-5 members.

Land Consolidation and Boundary Adjustments - Initiation of the Consolidation Procedure and Determination of the Perimeter

1. Competent Cantonal Authority for Actual or Legal Changes to Land in the Reallocation Area is the Office for Geoinformation.

Land Readjustment and Boundary Mutations - Implementation of Land Readjustment

1. The road network plan must be legally binding for the reallocation perimeter before the commencement of the reallocation work.

2. Building and road alignment plans must be legally binding before the laying out of the reallocation plan.

Land Readjustment and Boundary Mutations - Implementation of Land Readjustment

1. For built-up properties and those parcels of land that derive little to no benefit from the land consolidation, the deduction for public use land areas is to be appropriately reduced.

**Land Reallocation and Boundary Adjustments - Execution of Land Reallocation**

1. The area to be relinquished to the community without compensation shall generally not exceed 12% of the reallocation area.

Land Readjustment and Boundary Mutations - Implementation of Land Readjustment

1. If existing public traffic facilities are eliminated in the reallocation area, their land must be contributed free of charge for the benefit of the new traffic facilities.

2. Exempt from this are areas for traffic facilities that the public body has purchased. The purchase costs are to be offset against the construction costs of the new traffic facilities.

Land Readjustment and Boundary Mutations - Implementation of Land Readjustment

1. The work for the maintenance of official surveying may only be carried out by a licensed engineer-surveyor.

2. This particularly concerns the drafting of the reallocation plan (as per the provision mentioned below), the settlement of rights and encumbrances, the staking out and demarcation of the reallocation, as well as the preparation of the adjusted reallocation plan for approval by the government council.

Land Readjustment and Boundary Mutations - Implementation of Land Readjustment

1. The reallocation plan with the land and ownership register includes the depiction of the previous and new ownership circumstances.

2. With the written consent of all involved landowners and other persons with a legal interest, the posting of the reallocation plan can be waived.

3. Upon a justified request from the execution commission, the Department of Economic Affairs and Health may declare the reallocation as completed for individual plots of land following the posting procedure, provided they are not affected by objections.

1. Land Readjustment and Boundary Mutations - Implementation of Land Readjustment

1. The Decisions of the Appraisal Commission at the Time of the Presentation of the Reallocation Plan Shall Include in Particular

a. the market value of the parcels involved for over- and under-allocations,

b. the market value for compensated assignments to the community,

c. the market value for the acquisition of parcels for which there is no reallocation claim,

d. the valuation in the land readjustment according to values, and

e. the reduction for areas designated for public needs.

Land Readjustment and Boundary Mutations - Implementation of Land Readjustment

1. The reallocation plan to be approved is the objection-adjusted publication document. It consists only of the plan depicting the new property status (mutation plan) and the area and owner register.

2. The Government Council conducts a legal review upon approval. It specifically examines whether the land reallocation procedure was correctly carried out, whether the reallocation plan can base itself on a legally binding land use plan, and whether there is a complete clearance of rights and encumbrances.

Land Reallocation and Boundary Modifications - Simplified Procedure

1. Before the municipality decides on the new boundary line, it shall obtain the opinion of the Office for Geoinformation.

Land Reallocation and Boundary Alterations - Land Reallocation by Private Agreement

1. A land reallocation can be conducted or continued under private law from the outset or after the resolution for implementation.

2. The public law provisions regarding the preliminary examination procedure, the preparation of the reallocation plan, the designation of areas for public needs, the rectification of rights and encumbrances, and the legally binding land use planning must be observed.

3. If the private law agreement is not concluded, the procedure, upon request by one or more landowners, will be converted into a public law procedure by resolution of the Directorate of Economic Affairs and Health. The procedure either starts anew or continues from the last procedural step conducted under private law.

**Land Redistribution and Boundary Adjustments - Boundary Adjustments**

1. The following requests for mutation require approval

a. Boundary mutations of developed parcels;

b. Boundary mutations of undeveloped parcels that border a cantonal road;

c. Boundary mutations of parcels outside construction zones or of parcels that lie both within and outside a construction zone;

d. * Boundary mutations of parcels, provided the new parcel does not abut a public roadway;

e. Boundary mutations of parcels that extend over a municipal boundary;

f. Boundary mutations that are evidently linked with conditions;

g. * Boundary mutations in the establishment of independent and permanent rights (e.g., building rights) that do not extend over an entire parent parcel;

h. Boundary mutations of parcels affected by an intended or ongoing construction application;

i. * Privately agreed upon land reallocations;

j. * Boundary mutations of parcels with a contaminated site (Art. 5 AltlV).

2. No approval is required if the aforementioned cases involve boundary changes resulting from the transfer of land to public roads and waters or are mandated by an order from the building permit authority.

Land Redistribution and Boundary Adjustments - Boundary Adjustments

1. Mutation requests requiring approval must be submitted to the Surveying and Land Improvement Office (Office).

2. The Office invites the municipality and affected service departments to provide comments, setting a deadline for their responses.

3. The Office issues both approving and rejecting decisions.

1. Land Consolidation and Boundary Adjustments - Boundary Adjustments

1. The municipalities and offices that have caused a condition to be entered in the land register shall monitor the enforcement and request the deletion.

General Building Regulations - Building Readiness of Land Plots

1. Where plots are accessed via annotation plots, they must have a width of at least 3 m.

2. Under special circumstances, the approving authority may grant exceptions.

**General Building Regulations - Use of Land**

1. For the calculation of building usage (building index, usage index, exploitation index according to ORL), the parcel area existing at the time the construction permit is granted is decisive, unless the municipality has provided for the transfer of usage according to § 88 RBG.

2. Parcel sections that lie within the agricultural zone or forest area may not be included in the calculation.

3. Parcel sections that lie within other zones (for example, green and shore protection zones) may be wholly or partially included in the usage calculation, provided the zoning regulations allow for it.

4. The municipal council can permit the inclusion of land ceded for roads and facilities in the usage calculation, provided it was considered in the land compensation and the zoning regulations allow for it.

Provisions IVHB

1. The countable plot area (aGSF) includes the parcel areas or parts of parcels located within the corresponding building zone at the time of the granting of the building permit.

2. Parts of parcels that overlap with other zones (such as shoreline protection zones) can be wholly or partially included in the usage calculation, provided the zoning regulations allow for this.

3. The municipal council may permit the inclusion of land ceded for roads and facilities in the usage calculation, provided this was considered in the land compensation and the zoning regulations allow for it.

**General Building Regulations - Use of Land**

1. The building ratio indicates in percentage terms how much of the relevant parcel area may be built upon. For the calculation, the outer outline of the structures above the natural terrain is considered.

2. The zoning regulations specify which buildings or building components are not counted towards the built-up area.

Provisions IVHB

1. The Building Coverage Ratio (BCR) is the ratio of the accountable building area (ABA) to the accountable land area.

2. The accountable building area is considered to be the area within the projected facade line.

**General Building Regulations - Use of Land**

1. The utilization ratio determines in percentage terms the relationship between the usable floor area and the relevant parcel area.

2. The zoning regulations specify which buildings or building components are not included in the usable floor area.

**Provisions IVHB**

1. The Green Area Ratio (GZ) is the ratio of the eligible green area (aGrF) to the eligible plot area.

2. Eligible green areas are considered to be natural and/or planted ground surfaces of a property that are not sealed and do not serve as storage space.

**General Building Regulations - Use of Land**

1. The utilization ratio is the proportion between the accountable gross floor area of the buildings and the accountable plot area.

2. The accountable gross floor area is considered to be the sum of all above-ground and underground floor areas that serve and can be used for living, working, and commercial purposes. Wall and partition thicknesses are included.

3. The zoning regulations specify which buildings or building components are not counted towards the accountable gross floor area.

Provisions IVHB

2. The Gross Floor Area of the Main Buildings (BGFH) includes

a. Above-ground full storey areas, including perimeter walls;

b. All attic floor areas, regardless of use (including walls, stairs, corridors, etc.), which have a height of at least 2.30 m from the upper edge of the attic floor to the lower edge of the roof structure and a width of more than 2.00 m within the roof profile;

c. Basement areas, including associated partition and perimeter walls, stairs, and accesses, which meet the residential hygiene requirements regardless of use (10% window area, 2.30 m room height);

d. Areas of unheated intermediate climate spaces such as glazed balconies, conservatories, vestibules, and similar.

3. The Gross Floor Area of the Main Buildings (BGFH) does not include

a. At least one-sided open, covered, or uncovered balconies;

b. At least one-sided open, covered entrance areas and seating areas.

**General Building Regulations - Use of Land**

1. If a building plot is located in different zones, the architectural utilization must be determined separately.

2. For developments that appropriately reflect the character of the various zones, the municipal council may allow the consolidation of the utilization in one building structure, provided that the zoning regulations permit it.

**General Building Regulations - Use of Land**

1. If multiple buildings are erected on a parcel that is to be subsequently subdivided (standard construction method, exception development according to a unified plan, neighborhood plan), the structural utilization must be maintained in its entirety.

2. If underutilized individual parcels arise from a subsequent subdivision, the permitting authority must ensure that corresponding construction restrictions are recorded in the land register for these parcels.

3. If the structural utilization is increased within the framework of zoning regulations, the municipal council, upon application by the property owner and in agreement with the construction permitting authority, must review whether the construction restrictions should be lifted.

1. General Building Regulations - Setbacks and Building Lines - Above-Ground Constructions (Structures and Components Above Natural Terrain)

1. The boundary distance is determined by the polygon formed using all boundary distances.

2. Relevant for the calculation of the boundary distance are the lengths of the facades and the number of stories. Regardless of the building profiles specified in the zoning regulations of the municipality, a facade height of up to 4.5 m is considered single-story for the measurement of the boundary distance. An additional 3.5 m is added for each further story (see the concordance table below for the calculation of the boundary distance; GZ = Number of Stories, FH = Facade Height, FL = Facade Length)

| | GZ 1 | GZ 2 | GZ 3 | GZ 4 | GZ 5 |

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

| | FH up to 4.5 m | FH 4.5-8 m | FH 8-11.5 m | FH 11.5-15 m | FH 15-18.5 m |

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

| FL over 6-12 m | 2.5 | 3.0 | 4.0 | 5.0 | 6.0 |

| FL over 12-24 m | 3.0 | 4.0 | 5.5 | 7.0 | 8.5 |

| FL over 24-36 m | 3.0 | 5.0 | 7.0 | 9.0 | 11.0 |

3. The facade height relevant for the boundary distance is measured from the intersection point of the facade with the lowest point of the natural terrain to the intersection point of the facade with the upper edge of the rafters (raw measurement).

a. * Gable triangles taller than 6 m (intersection of the facade with the upper edge of rafters to the ridge upper edge of rafters) are added to the facade height by half their height.

b. * If the roof slope on the eaves side is more than 60°, the facade for gable roofs is measured up to the ridge and for mansard roofs up to the middle ridge.

c. * Facade recesses are not considered if the recess is not at least 4.00 m long or one-fourth of the facade length.

4. If the building body is

a. * stepped in height and/or offset in depth, or

b. * kinked by at least 20° in the building line,

5. For round buildings or round facade parts, the boundary distance is measured analogously to the table according to paragraph 2. Instead of the facade length, the chord length applies (see appendices).

6. In the case of atypical facades, the building permit authority determines the boundary distance.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

3. The height relevant for the boundary distance is measured from the intersection point of the facade with the lowest point of the relevant terrain to the intersection point of the facade with the top edge of the rafters (raw measurement).

a. Gable triangles taller than 6 meters (from the intersection point of the facade with the top edge of the rafters to the ridge top edge of the rafters) are counted towards the height by half of their height.

b. If the roof pitch at the eaves side exceeds 60°, the facade is fully counted up to the ridge for gable roofs and up to the middle ridge for mansard roofs.

c. Facade recesses are not considered unless the recess is at least 4.00 meters long or accounts for 1/4 of the facade length.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. The building length is the longer side of the rectangle with the smallest area that encompasses the projected facade line.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. The building width is the shorter side of the smallest rectangle by area that encompasses the projected façade line.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. Building Height: The building height is the greatest height difference between the intersection line of the gable-sided facade alignment with the top edge of the roof structure and the corresponding facade line.

Provisions IVHB - Aboveground Structures (Buildings and Components that are Above the Relevant Terrain)

1. The knee wall height is the height difference between the top edge of the unfinished attic floor and the intersection line of the facade alignment with the top edge of the roof structure.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-ground Structures (Buildings and components located above the relevant terrain)

1. The clear height is the vertical distance between the top edge of the finished floor and the bottom edge of the finished ceiling or beam layer, when the usability of a story is determined by the beam layer.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. Full stories are all floors of buildings except basement, attic, and penthouse floors.

2. In the case of attached buildings and buildings that are tiered in height or position, the number of full stories is determined separately for each building part or for each building.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. Basements are floors where the upper edge of the finished floor, measured along the facade line, projects above the permissible level over the facade line on average to a limited extent. The average is determined by the mean of the maximum basement heights for each facade line above the relevant terrain.

2. Basements may, unless otherwise provided by the municipality, project a maximum of 1.20 meters in hillside locations and a maximum of 80 centimeters on flat terrain above the applicable or lowered terrain.

3. Unless otherwise provided by the municipality, the length of an excavation may not exceed one-third of the total length of the projected facade line and may not be deeper than 1 meter.

Provisions IVHB - Aboveground Structures (Buildings and Components that are Above the Relevant Terrain)

1. Attic floors are the stories whose knee wall heights do not exceed the permissible measure of 1.20 meters.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. Penthouse floors are additional floors constructed on flat roofs. Unless otherwise stipulated by the municipality, the penthouse floor must be set back by at least 3 meters from the floor below on at least one entire facade and may cover a maximum of 50% of the area of the floor below.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. The facade height is the greatest height difference between the intersection line of the facade alignment with the top edge of the roof structure and the corresponding facade line.

General Building Regulations - Distances and Building Lines - Above-Ground Structures (Structures and Components that Lie Above the Natural Terrain)

1. The following structural elements may project from façades that meet the minimum boundary distance to neighboring parcels

a. Main and front roofs up to 1 m,

b. Open balconies, provided they constitute less than 1/3 of the façade length, up to 1.00 m,

c. Other structural elements up to 0.50 m.[16]

2. The following may project over building lines and statutory distances up to 1.50 m

Main roofs, front roofs, and open, continuous balconies. Other structural elements may project from the façade only up to 0.50 m.[17]

3. When building and street lines coincide, main roofs, front roofs, and balconies must have a clear height of 2.50 m above the sidewalk level and a distance of at least 0.50 m from the sidewalk edge. Other structural elements may project from the façade only up to 0.20 m.[18]

4. When building and street lines coincide and there is no sidewalk present, all structural elements projecting from the façade must maintain a clear height of 4.50 m.

Provisions IVHB - Aboveground Structures (Buildings and Components that are Above the Relevant Terrain)

1. The building frontage line is the vertical plane formed by vertical lines through the outermost points of the building structure above the reference terrain: projecting and insignificantly recessed parts of the building are not taken into account.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-ground Structures (Buildings and components located above the relevant terrain)

1. The facade line is the intersection line of the facade alignment and the relevant terrain.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. The projected facade line is the projection of the facade line onto the plane of the official survey.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

1. Between the building and street line or within the statutory distance from traffic areas, the following may be erected

a. Facilities for energy and water supply as well as telecommunications,

b. Bicycle shelters of lightweight construction,

c. Open-sided carports,

d. Windbreaks up to 4 square meters of floor area,

e. Pergolas.

2. In core zones, only facilities for energy and water supply as well as telecommunications are permitted.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

1. The construction permit authority may, with the consent of the road owner(s), authorize the installation of public transport facilities, energy and water supply, as well as telecommunications, between the road lines.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

1. The owners of properties are required to tolerate the installation of street signs, facilities for public lighting, hydrant and valve signs, hydrants, fittings for public pipelines, electric distribution boxes NE7, survey control points, and similar facilities necessary for public interest.

2. The regulations concerning statutory distances and building lines do not apply to public facilities.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

1. Single-story ancillary structures such as garages, sheds, and other small constructions may be placed arbitrarily close to a main building on the same parcel or, with the written consent of the neighbor, arbitrarily close to the boundary if

a. the structure is not connected to a main building,

b. the structure does not serve residential purposes,

c. the floor area does not exceed 36 m² for garages or 20 m² for other ancillary structures,

d. the facade height of the building wall facing the main building or neighboring property does not exceed 2.5 m.

2. If a neighbor consents to an ancillary structure with a reduced boundary distance, they simultaneously acquire the right to construct a comparable structure with the same boundary distance on the opposite side of their parcel.

3. For ancillary structures under this provision that have been demonstrably in place without the neighbor's consent and unchallenged for at least 3 years, the consent is considered tacitly granted. This also applies to other constructions requiring consent, such as retaining walls, foundations, excavations, and embankments (§ 92 Para. 1 and 2, § 93 Para. 1 RBG).

4. The boundary distance for swimming pools must not be less than 2 m without the written consent of the neighboring party.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-Ground Structures (Buildings and Components Located Above the Relevant Terrain)

1. Small structures are standalone buildings that do not exceed permissible dimensions and contain only ancillary use areas.

2. Extensions are built together with another building, do not exceed permissible dimensions, and contain only ancillary use areas.

3. Single-story small structures such as garages, sheds, and others may be placed at any proximity to a main building on the same parcel or with the written consent of the neighbor at any proximity to the boundary, provided that

a. the structure is not connected to a main building,

b. the structure is not intended for residential purposes,

c. the footprint does not exceed 36 m² for garages or 20 m² for other small structures,

d. the facade height of the building wall facing the main building or the neighbor does not exceed 2.5 m.

4. If a neighbor consents to a small or attached structure with a reduced boundary distance, they simultaneously acquire the right to construct a comparable structure with the same boundary distance at the opposite point on their parcel.

5. For small or attached structures under this provision that have remained unchallenged for at least 3 years without the neighbor's consent, the consent is deemed to be granted tacitly. This also applies to other construction measures requiring consent, such as retaining walls, foundations, excavations, and embankments (§ 92 para. 1 and 2, § 93 para. 1 RBG).

6. The boundary distance of swimming pools must not be less than 2 m without the written consent of the neighbor.

1. General Building Regulations - Setbacks and Building Lines - Above-Ground Constructions (Structures and Components Above Natural Terrain)

1. The construction permit authority may, with the consent of the road or railway owner, grant the permit for constructions over a traffic area.

2. Overpasses, crossings, transport facilities, etc., must maintain a clear height of at least 4.50 m above the roadway.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

**1. Private Noise Protection Walls and Embankments**

Private noise protection walls and embankments, which demonstrably serve the purpose of noise abatement, are not subject to statutory distance regulations, provided that they

a. are sound-absorbing,

b. do not impair traffic safety,

c. do not disfigure the local landscape, and

d. receive approval from the road or railway owner.

2. The distance regulations between neighboring properties must be observed.

3. The road or railway owner may require that noise protection walls be planted with greenery.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

1. Only structures and installations that demonstrably serve noise protection and are not used for residential purposes may be constructed between the noise protection building line and the building line.

2. Such structures and installations must not cause any bothersome sound reflections.

General Building Regulations - Distances and Building Lines - Above-Ground Structures (Structures and Components that Lie Above the Natural Terrain)

1. If there are smaller distance requirements under § 95 RBG within larger distances, the larger distance shall apply.

2. Building lines take precedence over the distance requirements under § 95 RBG, and both take precedence over boundary distances under § 90 RBG.

3. If, within the framework of municipal land-use planning, design building lines, building zones, and building layouts are intended to encroach upon the boundary distances under § 90 RBG, they may only be established if it can be demonstrated that

a. the property owners affected by the planning measure have been involved in the planning process, and

b. they have been notified of the planning submission by registered letter.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

1. Standard Gardening Measures Are Permissible Between

a. the body of water and the water construction line or the distance according to § 95 RBG, provided that the riparian vegetation is not impaired;

b. the forest edge and the forest construction line or the distance according to § 95 RBG, with the requirement that the natural terrain within a width of 5 meters along the forest edge must not be altered.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

1. Where the culverted watercourse is designated as a parcel or where a parcel boundary is identical to the axis of the watercourse, the standard boundary distance shall apply.

2. In any case, a minimum building distance of 3 meters from the outermost edge of the culverting must be observed.

General Building Regulations - Distances and Building Lines - Aboveground Structures (Buildings and Building Elements Located Above Natural Terrain)

1. If a building zone boundary runs through a parcel, structures must maintain a minimum distance of 2 meters from the building zone boundary.

General Building Regulations - Setbacks and Building Lines - Underground Structures (Constructions and Components that Lie Below the Natural Terrain)

1. Underground Structures, which are located along the neighbor's boundary below the natural ground level, can be placed on or at the boundary with the written consent of the neighbor. [19]

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-ground Structures (Buildings and Structural Elements Located Above the Relevant Terrain) - Underground Structures

1. Underground structures that are below the relevant terrain along the neighboring boundary can be placed on or at the boundary with the written consent of the neighbor.

2. Underground structures are buildings that, with the exception of access as well as railings and parapets, are completely below the relevant or the lowered terrain.

3. Below-grade structures are buildings that extend above the relevant or the lowered terrain only up to the permissible extent.

General Building Regulations - Setbacks and Building Lines - Underground Structures (Constructions and Components that Lie Below the Natural Terrain)

1. Below the sidewalk or street level, the following components may exceed the building line or fall short of the legal distance by a maximum of 1.50 meters: light and inspection shafts, emergency exits, tank connections, tank cellars, and basement stairs.

2. The building permit authority may, with the consent of the street owner, grant permission to use the space between the building and street line or within the legal distance to the street line up to the property boundary.

General Building Regulations - Setbacks and Building Lines - Underground Structures (Constructions and Components that Lie Below the Natural Terrain)

1. Below the sidewalk, the following structural elements may protrude up to a maximum of 1 meter beyond the street line: air shafts, inspection shafts, emergency exits, tank connections.

2. The structural elements must not exceed the sidewalk level and must be covered in a way that is safe to walk and drive over.

3. The building permit authority may grant permission to construct special basement spaces under the sidewalk (such as tank rooms, parking garages, etc.) with the consent of the street owner, provided that the respective street layout has a permanent character and there is sufficient space for utility lines. These constructions must not be visible from the outside.

General Building Regulations - Setbacks and Building Lines - Underground Structures (Constructions and Components that Lie Below the Natural Terrain)

1. The building permit authority may grant the permit for constructions beneath the traffic area with the consent of the road or railway owner.

General Building Regulations - Setbacks and Building Lines - Underground Structures (Constructions and Components that Lie Below the Natural Terrain)

1. Underground structures or components must not extend beyond forest and water construction lines or - if none have been drawn - beyond the corresponding statutory distances.

General Building Regulations - Parking Spaces

1. The minimum number of parking spaces for motor vehicles and two-wheelers (standard parking space requirement) is determined in accordance with the annex.

2. In special cases, the building permit authority may, after consulting the municipal council, reduce the number of prescribed spaces.

2a. Within the framework of ordinary district plans, the municipality may set the minimum number of parking spaces for motor vehicles for residential units independently of Appendix 1/Page 12 based on a traffic and mobility report or establish maximum values. The following criteria apply

a. * ...

b. Good accessibility by public transport must be ensured.

c. Sufficient parking spaces for two-wheelers must be provided.

d. The implementation of the usage concept leading to a parking space reduction must be ensured in the district plan regulations (regulations, district plan agreement).

3. Open parking spaces should be designed to be permeable, meaning unsealed, where possible.

4. In sales businesses with a significant proportion of large, bulky, or heavy goods in the assortment, such as furniture stores, construction, and garden specialty stores, the result of the multiplication of reduction factors R1 and R2 as per the annex should be increased to 0.5 if the calculated value is lower. The value of 0.5 includes a tightening according to Art. 11 para. 3 of the Federal Act on Environmental Protection.

5. To obtain approval, a municipal parking regulation must at least regulate the following points

a. the values for the parking space requirement or the applicable reduction factors for each building zone, for clearly defined areas, or for specific uses;

b. that private parking facilities for residents and visitors are primarily to be created on private parcels;

c. the required number and requirements for bicycle parking spaces;

d. in which cases and to what extent additional traffic-specific reports are required.

6. If the annex to the RBV provides for a traffic report, such a report is also required when applying the regulations.

7. An accompanying report must demonstrate and explain at least the following points

a. the derivation of the chosen regulations considering the interactions between settlement and traffic and the various types of traffic;

b. an overview of parking space demand and the approach to it;

c. the relationship between parking on private land and parking in the public road space;

d. a review of the impact of the regulations on directly adjacent building zones in surrounding municipalities and coordination with them.

8. In the event of extraordinary impacts on the superior cantonal and national road network or public transport, the canton may require further evidence.

General Building Regulations - Parking Spaces

1. The definitions of terms and the assessment of proportionality are governed by the relevant provisions of the Federal Act on the Elimination of Discrimination Against People with Disabilities (Disability Discrimination Act, BehiG) of December 13, 2002, the Ordinance on the Elimination of Discrimination Against People with Disabilities (Disability Discrimination Ordinance, BehiV) of November 19, 2003, and the Act on the Rights of People with Disabilities (Disability Rights Act BL, BRG BL) of January 26, 2023.

2. The necessary structural measures are determined by the guidelines "Barrier-Free Construction" of the Swiss Society of Engineers and Architects (SIA).

Building Regulations - General Provisions

1. Access ways and staircases should be designed based on the type of building, location, number, and width in such a manner that they facilitate smooth traffic flow and ensure user safety.

2. The following minimum dimensions (raw dimensions between walls or between the outer edges of stairs) apply for the width of corridors, vestibules, stairs, spiral staircases, and stair landings

a. Free-standing single-family homes: no restrictions;

b. Semi-detached and row single-family homes: 1.00 m;

c. Multi-family homes, office buildings, restaurants, retail premises, etc.: 1.20 m;

d. Secondary staircases in semi-detached and row single-family homes as well as multi-family homes (to auxiliary rooms such as basements, attics, hobby rooms, etc.): 1.00 m;

e. Secondary staircases: no restrictions.

3. In multi-family homes, staircases must be equipped with at least one continuous handrail.

4. For industrial and commercial buildings, the provisions of the labor legislation apply.

Building Regulations - General Provisions

1. Railings and banisters must have a height of at least 0.90 m. For significant fall heights, the building permit authority may require higher railings and banisters.

2. Openings must not be greater than 12 cm.

3. The building permit authority can grant exceptions in special cases (for example, in buildings where children are not allowed or in escape routes).

4. If glass is used as cladding for railings, laminated safety glass must be used.

5. In industrial and commercial buildings subject to the labor law, the relevant federal regulations for stairs and corridors apply, provided that the stairs and access routes do not lead to private residences or are accessible to the public.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-ground Structures (Buildings and Structural Elements Located Above the Relevant Terrain) - Underground Structures

1. Railings and Guardrails must have a minimum height of 1.00 m. In cases of significant fall heights, the building permit authority may require higher railings and guardrails.

Building Regulations - General Provisions

1. The clear dimension of the window area in living rooms, bedrooms, kitchens, and rooms where work is regularly performed must be at least 1/10 of the floor area.

2. In attic spaces, the required window area is based on the floor area over which the clear height is at least 1.20 meters. Inclined windows can be installed provided that fire safety rescue measures are possible.

3. Exclusive lighting of permanently used rooms through light shafts is not permissible.

4. For industrial and commercial buildings, the provisions of labor legislation apply.

Building Regulations - General Provisions

1. Living rooms, bedrooms, kitchens, and other rooms in which regular work is performed must have a clear height of at least 2.30 meters.

2. In the case of visible beam arrangements, the clear height must be maintained between the floor surface and the underside of the beams.

3. In multi-family houses, semi-detached houses, and terraced single-family houses, in rooms as referred to in paragraph 1 with roof slopes, the clear height of 2.30 meters must be maintained over at least 6 square meters.

Building Regulations - General Provisions

1. Every new dwelling must be furnished with the necessary sanitary facilities.

2. In the event that rooms with toilet facilities cannot be directly ventilated, they must be equipped with a ventilation system.

3. Sanitary facilities and ventilation systems must be designed in such a way that no noise disturbances occur.

Building Regulations - General Provisions

1. For buildings constructed on a boundary or for adjoining buildings, double walls with a non-combustible interlayer must be provided or installed for structural and noise protection reasons. No slots or recesses may be made.

2. The fire protection regulations according to the fire and natural hazard prevention legislation remain reserved.

3. The building permit authority may grant exceptions for single-story auxiliary structures.

Provisions IVHB[[1]](#titletitle_text_fn_456454_2_1_c) - Above-ground Structures (Buildings and Structural Elements Located Above the Relevant Terrain) - Underground Structures

3. The building permit authority may grant exceptions for single-story small or annex constructions.

Building Police Regulations - Garages and Parking Halls

1. Ventilation of parking garages is governed by the guidelines "Ventilation Systems in Fully Enclosed Vehicle Parking Areas" of the Swiss Society of Heating and Air-Conditioning Engineers (SWKI).

2. Garages and parking garages must not be directly connected with living and working areas, kitchens, food storage, and retail premises.

Building Police Regulations - Garages and Parking Halls

1. To secure stationary or moving vehicles, sufficient thresholds, guardrails, or similar barriers must be installed when there is a risk of falling.

2. Public areas may not be used for opening or closing access gates or as maneuvering spaces in commercial and industrial zones.

Building Regulations - Fire Protection

1. The Fire and Natural Hazards Prevention Legislation applies to fire protection.

Building Police Regulations - Operation of Non-Federally Licensed Cable Cars and Ski Lifts

1. The operators of cable cars and ski lifts that do not have a federal concession are required to enter into a maintenance contract for their facilities and to have the corresponding maintenance work carried out at least every second year.

2. The building inspectorate is authorized to conduct random inspections of these maintenance contracts and the related maintenance records.

Building Regulations - Execution of Structural and Civil Engineering Works

1. Prior to commencing construction work, authorization must be obtained from the owner of the public area.

2. The authority responsible for granting permits for utility lines in roads, according to § 26 para. 4 of the Road Act, coordinates this permit with the deconstruction permit.

Building Regulations - Execution of Structural and Civil Engineering Works

1. Construction sites must be properly secured, in particular through barriers, markings, or lighting equipment.

Building Regulations - Execution of Structural and Civil Engineering Works

1. Excavation work must be carried out in accordance with the soil conditions. Where necessary, it must be coordinated with the construction work.

2. Excavation work must not endanger the stability of other structural facilities nor affect the neighboring property.

3. The discovery of archaeological finds must be immediately reported to the competent department of the Directorate of Education and Culture. Excavation work in this area must be halted. The competent department must promptly document the findings and subsequently authorize the resumption of excavation work.

Building Regulations - Execution of Building and Civil Engineering Works

1. The construction operators responsible for the construction site must take all necessary precautions to prevent accidents on the site and its surroundings.

2. The personnel employed at the construction site must be provided with sufficient, weatherproof, and sanitary-compliant facilities and toilet installations.

3. The installations on the construction site, particularly scaffolding, mechanical, and electrical equipment, must be operationally safe and equipped with the necessary safety devices.

4. Temporary or permanent stairs must be erected alongside the building construction and made accessible to those involved in the construction.

5. Furthermore, federal regulations, particularly those concerning worker protection and accident prevention according to labor and accident insurance legislation, apply.

Building Regulations - Execution of Structural and Civil Engineering Works

1. Buildings may be occupied if they meet the requirements of safety and residential hygiene.

2. Buildings and facilities requiring approval must be reported to the building permit authority for acceptance after construction. The reporting obligation also applies to changes in use.

Building Code Regulations - Exceptions to the Building Code Regulations

1. The building permit authority may allow exceptions and deviations from construction police regulations under the condition that the spirit and purpose of the Spatial Planning and Building Act are fulfilled, the exceptions are justified from an urban planning perspective, and no significant public or private interests are violated

a. for constructions in the town center;

b. for buildings under protection;

c. for the reconstruction of destroyed buildings;

d. for the renovation of existing buildings;

e. for buildings and installations that are erected temporarily; or

f. to prevent cases of hardship.

Building Permit System - Regular Building Permit Procedure

1. The building application must be signed by the building owner and the persons responsible for the project.

2. If the building application is not submitted by the property owner or the building right holder, their signature is also required.

3. All plan documents must be signed by the persons responsible for the project.

Building Permit System - Regular Building Permit Procedure

1. The building permit authority provides the building application forms and special forms.

2. The building application must include

a. An original site plan dated within the last six months from the responsible cadastral surveyor's office;

b. An excerpt from the land register (including easements);

c. The utilization calculation;

d. The parking proof, if necessary;

e. A copy of the site plan with the project drawn in, boundary spacing polygon, building lines, reference point, ground floor level, north arrow, street name or field designation in four copies;

f. A complete depiction of the project at a scale of at least 1:100 with indications of the main dimensions and levels, the terrain lines (natural, new), and the purpose of the rooms in four copies.

3. The following documents must also be submitted

a. For new constructions as well as significant renovations and changes in purpose, the energy proof (Application NEM);

b. For central heating systems operated with liquid, solid, or gaseous fuels, the partial application W;

c. For facilities that serve the handling or storage of more than 450 liters of water-polluting liquids, the partial application T;

d. For new constructions in which people regularly stay, the form for structural civil protection measures;

e. * For construction projects where excavation or demolition material accumulates, as well as for projects that directly affect groundwater, the declaration "Soil - Waste - Groundwater";

f. * For industrial, commercial, or agricultural buildings, the plan documents along with the installation application and, if necessary, the corresponding emission declaration in five copies;

g. * The static calculations at the request of the building permit authority. The static proof must present the load assumptions, the relevant bases, and the material stresses in the main load-bearing elements. The engineer is responsible for the static calculations;

h. * Evidence of measures to protect against damage from gravitational natural hazards according to § 101, paragraph 1, letter c of the Spatial Planning and Construction Act;

i. * For construction and demolition projects where more than 200 m³ of construction waste or contaminated construction waste accumulates, as well as during the demolition of buildings, a disposal concept with details of, in particular, the procedure, the proposed recycling and disposal routes, and the type, quality, and quantity of waste generated;

j. * For demolition projects of buildings or parts of buildings created before 1990, for soil and excavation work where there is a suspicion of contamination, as well as for road demolitions, a report on pollutant determination;

k. * For new and replacement buildings, proof of site design (site plan), insofar as the zoning or district planning regulations require this.

4. The building permit authority can

a. Request additional documents if necessary for assessing the building application;

b. Allow the subsequent submission of certain documents or waive their submission, particularly regarding the application NEM;

c. Require or approve the submission of plans in another scale, especially for residential, industrial, and commercial buildings.

5. Renovations and changes of use should be marked in color as follows

a. Old = gray.

b. New = red.

c. Demolition = yellow.

d. Plan changes (including changes of measures) during the ongoing procedure should be marked in green.

6. If exceptions are requested, they must be clearly indicated and justified.

Building Permit System - Regular Building Permit Procedure

1. The erection of construction profiles is intended to allow neighbors and other interested parties to gain an understanding of the construction project. Only the plans and the dimensions contained therein are binding for the examination and assessment of the project.

2. Structures above ground must be adequately profiled. The height of the ground floor (raw) must be indicated on at least one pole with a crossbar. The type of roof (pitched or flat roof) must be designated with slats on all poles.

3. Structures up to 3 stories must be fully profiled. For structures with more than 3 stories, industrial facilities, complicated building shapes, and other special cases, the building permit authority determines the type of profiling.

4. In constructions that lie underground or whose contours become visible only after earth movements, the corners must be marked with stakes of at least 1 meter in height.

Building Permit System - Simplified Procedure

1. Approval may be granted without prior publication and display of plans for

a. Construction work that does not or only insignificantly modifies the facade, the roof surface, and the surroundings of a building (e.g., installation of additional windows, doors, etc.);

b. Change of use of rooms that do not appear externally and are not associated with additional emissions;

c. Significant structural alterations within residential buildings, such as the installation of bathrooms, toilets, kitchens, as well as the conversion of existing attic spaces without new roof constructions;

d. Installation of heating systems and oil tanks in existing buildings;

e. Reorganization of factory facilities, installation of mezzanine floors, machinery installations, etc.

2. In analogy to the standard building permit procedure, the necessary application documents for these construction projects must be submitted for evaluation. The building permit authority may request additional relevant documents.

Building Permit Law - Simple Inquiry and Preliminary Decision

1. Prior to the submission of a building application, upon written request from the building owner, a written report on specific questions of a public law nature regarding a building project may be issued.

2. The application must be accompanied by the documents necessary for the assessment.

**Building Permit System - Simple Inquiry and Preliminary Decision**

1. The construction permit authority may be requested for a preliminary decision, particularly on

a. the zoning compliance of a construction project,

b. the build-readiness of the property, as well as

c. the setback regulations (§ 95 RBG) and building lines.

2. The application must include the necessary information for publication regarding the nature, purpose, and size of the project, as well as the site plan.

3. For projects requiring an environmental impact assessment, the relevant procedural provisions of federal law also apply.

Building Permit Procedures - Structures and Installations Subject to the Minor Building Permit Process of the Municipalities

1. The Municipal Council grants building permits for

a. Detached small constructions without heating systems within designated building zones, provided that the small construction does not exceed a floor area of 12 square meters and a height of no more than 2.50 meters above existing terrain;

b. Movable structures with a temporary purpose;

c. Enclosures between neighboring parcels as well as along traffic areas with the consent of the respective street owner;

d. Antenna installations for radio and television reception;

e. Maintenance work and renovations on protected buildings after consultation with the monument authority;

f. Maintenance work and renovations on buildings and facilities in the core zone, within a neighborhood plan or a development under a unified plan;

g. Extensive construction site installations with canteens and sleeping barracks.

2. For forestry roads and machinery paths as well as for non-forestry small constructions and small facilities in forest areas, the provisions of the cantonal forestry legislation apply.

Building Permit Procedures - Structures and Installations Subject to the Minor Building Permit Process of the Municipalities

1. Applications must be submitted to the municipal council with the documents necessary for the assessment of the construction project (site plan and building plans). The council may request additional documents if needed.

2. The municipal council shall inform the owners of the neighboring properties about the application in an appropriate manner.

3. The neighboring parties may file an objection with the municipal council within 10 days of being informed.

4. The municipal council decides on the objections. An appeal against this decision can be lodged with the Building Appeals Commission within 10 days.

5. If no objections have been received or any that were received have been legally resolved, the municipal council grants the building permit with the necessary supplementary conditions.

6. The provisions of the spatial planning and building legislation concerning the commencement of construction, suspension of construction, as well as the obligation to remove or modify buildings and facilities erected unlawfully or contrary to the approved plans, apply accordingly. The municipal council is responsible for enforcement.

Building Permit Procedures - Structures and Installations Subject to the Minor Building Permit Process of the Municipalities

1. Pursuant to § 77 of the Municipal Act, the municipal authority may delegate the power to issue orders and decisions in the minor building permit procedure to an individual member of the municipal council, a commission, or an office within the municipal administration by means of a municipal regulation.

Building Permit Process - Structures and Installations Exempt from Permits

1. No Building Permit Required for

a. Structures and installations that, according to federal legislation, are not subject to cantonal building authority;

b. Maintenance work on structures and installations, provided these are not located in the core zone, within a neighborhood plan, or a development with a unified plan, or carried out on protected buildings;

c. Minor structural changes inside buildings (without external effect);

d. The installation of household appliances and interior fittings of a non-commercial nature;

e. * Solar panels, provided they are not to be erected in a core zone, a local heritage protection zone, a monument protection zone, or on a cultural or natural monument of cantonal or national significance;

f. Retaining walls up to a maximum height of 1.20 m in general, as well as minor terrain modifications within the scope of customary garden design. If (permit-exempt) retaining walls are situated by a road, the approval of the road owner must be obtained;

g. Customary installations for garden or exterior design such as paths, stairs, fountains, ponds, open, uncovered seating areas, garden fireplaces, sandboxes, and paddling pools, as well as uncovered parking spaces, etc.;

h. * Changes in use in commercial zones, provided they have minor impacts on traffic and the environment. These must be reported to the building permit authority;

i. * Freestanding bicycle shelters of lightweight construction outside core zones, local and monument protection zones, and neighborhood plan perimeters, provided they do not exceed a height of 1.50 m and a total base area of 6 m² per plot;

j. * Outdoor air/water heat pumps up to a volume of 2 m³, provided they are not to be erected in a core zone, local heritage protection zone, monument protection zone, or in the vicinity of a protected cultural monument; municipal design regulations must be observed; without written consent from the affected property owner, they must maintain a distance of at least 2 m from the neighboring plot in compliance with noise protection regulations; if located between the building line and the road, the written consent of the road owner must be obtained.

2. The construction of permit-exempt structures and installations does not exempt from compliance with all other building regulations.

Building Permit System - Permit-Exempt Buildings and Facilities

1. Solar installations and heat pumps according to § 94 subsection 1 letters e and j are subject to a prior notification requirement with the competent building permit authority in accordance with § 118 subsections 1 and 3 RBG. As part of the notification requirement, noise protection evidence must also be provided for heat pumps.

2. The notification must be submitted at least 30 days before the start of construction using the online form available on the Internet at www.bauinspektorat.bl.ch to the competent building permit authority.

Building Permit Process - Structures and Installations Exempt from Permits

1. No Demolition Permit Required For

a. the demolition of the structures and installations listed in § 92 para. 1 and § 94 para. 1;

b. demolitions not related to a new construction project and where it is anticipated that less than 50 m³ of waste will be generated;

c. excavations for construction of pipelines or similar works, where less than 200 m³ of excavation material is produced.

2. The demolition of structures and installations that does not require a permit, as well as construction measures not requiring a demolition permit, do not exempt the building owner from complying with the regulations on demolition, separation, recycling, and disposal of waste generated, as well as the investigation and removal of pollutants.

Building Permit System - Appeal Procedure (Organization and Procedure of the Building Appeals Commission)

1. The President, together with the secretariat, shall set the dates for the sessions.

2. The building permit authority as well as the other parties involved in the procedure shall be invited to submit their comments.

3. At the request of a party, an oral hearing shall be convened.

4. When making resolutions, the commission must be complete. Urgent cases may be decided by circulation.

Building Permit System - Appeal Procedure (Organization and Procedure of the Building Appeals Commission)

1. For the determination of the facts, the presiding person and the registry, or the registry alone, may conduct site inspections.

2. If an oral hearing is conducted immediately thereafter, the commission must be fully present at the site inspection.

Building Permit System - Appeal Procedure (Organization and Procedure of the Building Appeals Commission)

1. The President decides on

a. the admission or non-admission;

b. the involvement of informants and experts;

c. applications for the withdrawal of suspensive effect.

2. The remaining procedural decisions are made by the registry.

3. In all other cases, the commission decides.

Final Provisions

1. The following are repealed by this regulation

a. the Government Regulation of December 30, 1968, on Building Code Regulations;

b. Regulation of May 19, 1992, on Reduction Factors for Car Parking Spaces.

Final Provisions

1. This regulation shall enter into force on January 1, 1999.

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