Construction and Planning Act (BPG) - Purpose (BPG)

1. This Law Serves

a) the purpose-oriented and environmentally friendly use of land according to the goals and principles of spatial planning law;

b) the preservation and promotion of urban architectural quality and sustainable settlement development, embedded in the cross-border agglomeration;

c) the preservation and improvement of living and life quality in the city of Basel and the rural communities.

1. Structures and installations may only be constructed on building-ready land.

2. A plot of land is considered building-ready if

a) its location, shape, and size are suitable for the permissible building use;

b) it is certain that its boundaries do not need to be altered for the permissible use of the surrounding area;

c) it is sufficiently developed or it is ensured that it will be sufficiently developed in a timely manner;

d) the environmental protection regulations do not preclude development in accordance with the zoning plans.

1. The development of a property is adequate,

a) if it complies with the objectives and principles of spatial planning law and environmental protection law;

b) if the roads and facilities for water, energy, and sewage determined by the usage plans are available and have sufficient capacity under normal conditions;

c) if the access required for emergencies is available.

2. Access and transit rights must be valid indefinitely and also apply to any potential future encumbrances. They may not be altered or revoked without the consent of the building permit authority. This must be noted in the land register.

1. Access roads must be at least 3.5 meters wide and 4.2 meters high. For residential buildings with a total of no more than six apartments, a width of 3 meters is sufficient, and for a single-family or two-family house, 2.5 meters is sufficient. The grade must not exceed 5% up to 4 meters behind the street line and 15% beyond that.

2. The minimum widths must be increased as necessary to avoid obstructions and dangers, especially at intersections and in front of building entrances.

3. The height may be reduced to 2.5 meters if it does not impede firefighting efforts.

1. The permissible extent of the structural use of a property is determined by a comparative project or the utilization index. The higher value is decisive.

1. The gross floor area of the reference project corresponds to the permissible gross floor area of a multi-story building in the perimeter block development area without projecting components and galleries, and at most one attic floor set back at least 1.5 meters from the full floors on both the street and courtyard sides.

2. If the heights of the reference project are restricted by angles of light incidence, calculations are based on floor heights of 3 meters and ground floor levels at the height of the line determining the wall height.

1. The Exploitation Ratios are as follows

In Zone 5a: 1.8

In Zone 4: 1.5

In Zone 3: 1.0

In Zone 2: 0.7

In Zone 2a: 0.6

2. The Exploitation Ratio refers to the ratio of the gross floor area to the plot area. Parts of the plot that are allocated to areas outside the construction zone, designated as green spaces, or intended for dedication to a work in the public interest are not included in this calculation.

1. The gross floor area includes the base area

a) of enclosed parts of above-ground floors, including the surrounding walls and partitions;

b) of corridors, passages, and balconies serving spaces considered as usable for access;

c) of covered parking spaces.

2. Half of the gross floor area is calculated for the base area

a) of open structures and structural parts intended for outdoor use (verandas, balconies, arbors, covered roof terraces, seating areas, garden pavilions, and the like), to the extent they exceed 10% of the allowable gross floor area considered usable;

b) of greenhouses serving the management of gardens.

3. Not calculated into the gross floor area is the base area

a) of bay windows and projections in front of the building line, as long as they and the non-calculable base area of open structures and structural parts for outdoor use (subsection 2 lit. a) together do not exceed 10% of the allowable calculable gross floor area;

b) of parts of rooms in the roof pitch less than 1.8 m in height;

c) of a second attic floor as well as the corresponding area of a flat roof intended for outdoor use over the first attic floor.

4. The base area of underground floors or parts of floors is fully calculated into the gross floor area if these floors or floor parts

a) serve spaces considered as usable for access or

b) possess an extension corresponding to the regulations for living rooms and bedrooms, unless they account for no more than 50% of the multi-story developable land area and cannot be used as independent residential units and are connected to above-ground apartments if they are located in Zone 2 or Zone 2a.

5. The base area of underground floors or parts of floors, which is not fully calculated into the gross floor area according to subsection 4, is accounted for only to the extent that it exceeds half of the allowable calculable gross floor area. Exempt from this are underground parking garages for vehicles, whose base area is generally not calculated into the gross floor area.

6. Floor areas are considered underground

a) to the extent they are overlain by the first above-ground full floor or

b) if their ceiling does not protrude from the natural or excavated ground.

1. If there are no restrictions arising from the building regulations, the permissible degree of structural use may be freely distributed across the plot of land.

2. The permissible degree of structural use may be transferred to other plots within the same building block if this allows for a development that better corresponds to planning principles.

3. Transfers of use to other plots must be recorded as easements in the land register. Easements may not be altered or removed without the consent of the building approval authority. This must be noted in the land register.

1. The number of permissible above-ground full stories corresponds to the number with which the zone is designated.

2. A story is considered above-ground if the floor of the story above it is more than 1.5 meters above the reference point for wall height measurement. If a building is less than 3 meters from the street line, this measurement is reduced to 1.2 meters.

1. Attic floors are not counted towards the permissible number of stories if they are set back at least on the street side and the courtyard side behind the top full story (attic floors) or are constructed with knee walls no higher than 1.4 meters.

2. The first attic floor must maintain a distance of 1.5 meters from the walls on the street side and the courtyard side of the top full story. This distance may be reduced in places to 0.8 meters, provided that the total floor area of the attic floor is not increased.

2a. Stairwells and elevator shafts are exempt from this, provided they do not exceed the height of the first attic floor and do not extend over more than one-third of the facade width.

3. The knee wall height corresponds to the distance between the unfinished floor and the top edge of the roof beams on the outside.

4. Two attic floors are only permissible if they lie within the roof profile line, which starts above the top full story.

1. The number of permissible basements is unlimited. Restrictions resulting from regulations on the extent of structural usage and the protection of groundwater remain reserved.

1. Buildings and parts of buildings located in the block perimeter area are considered perimeter developments.

2. The block perimeter area is determined by the permissible building depths.

3. The permissible building depths are measured from the building line. Where building lines are absent, the street line is decisive, and on streets without lines, the property boundary is decisive.

4. Unless otherwise specified, perimeter developments may occupy the entire area of the block perimeter area.

1. If no further restrictions arise from the regulations on open spaces and boundary distances, boundary developments may reach the following depths

- 15 m in zones 5a, 4, and 3;

- 12 m in zones 2 and 2a.

1. The building depth must be reduced insofar as it is necessary to maintain an open space of 50% of the land area located behind the building line, but not more than to 12 meters. Underground constructions and structures permissible on open spaces (§ 52) are not considered.

2. The building depth must be further reduced insofar as it is necessary to maintain a distance to the rear property boundary that corresponds to half the permissible height of the building walls, but is at least 6 meters.

1. Insofar as it is necessary for building depths of 10 meters, the boundary distance may be reduced,

a) if the angles of light incidence required for permissible uses are maintained through height restrictions;

b) if it is not prescribed and it is waived to use spaces below the vertices of the legal light incidence angles for uses that require windows on the courtyard side.

2. The following do not need to be maintained

a) Boundary distances that could result in multi-story buildings having distances of less than 3.5 meters;

b) Distances of less than 7 meters between edge constructions that meet at an angle of less than 60°/360.

3. Unless otherwise agreed, building walls on the courtyard side may not have windows with a boundary distance of less than 3.5 meters.

4. Agreements regarding the reduction of boundary distances and window rights are to be registered as easements in the land register.

1. Building lines may be exceeded by up to one-tenth of the building line distance, but no more than 1.5 meters, through structural elements such as roofs, balconies, open stairs, bay windows, and projections, as well as through underground additions.

2. Bay windows, projections, and balconies may not extend over more than half, and bay windows alone may not extend over more than one-third of the facade width.

1. Above street lines, above-ground structures that do not exclusively serve the purpose of equipping and decorating building walls are only permissible

a) 4.5 m above and 50 cm beside the roadway and other street parts that may be used by motor vehicles.

b) 2.8 m above sidewalks and other street parts that are not used by motor vehicles.

2. Light shafts may protrude up to 40 cm and foundations below the first basement may protrude up to 10 cm beyond the street line.

3. Other or further protruding underground structures require special rights for the use of public land. For the development of property parts in front of the street line, the assurance of such a right is sufficient.

1. On the courtyard side, the permissible building depth may be exceeded by balconies and covered terraces.

2. The projecting area of the balconies must not exceed 10% of the permissible attributable gross floor area. It must not exceed 5% if more than 50% of the plot area located behind the building line is developed. Areas that are overlaid by balconies at a height of less than 2 meters are considered developed.

3. A distance of 6 meters must be maintained from the rear property boundary.

1. Protruding structural elements must not encroach upon the angles of light incidence necessary for creditable window areas of buildings permissible on other properties.

2. The angles of light incidence must also be maintained in relation to opposite building lines.

3. Protruding structural elements must maintain a distance from the lateral property boundaries or the extension of boundary lines on public land, which is at least equal to their depth.

4. Above the highest full story, protruding structural elements are only permissible over the protruding structural elements of the highest full story.

1. Boundary distances may be reduced if certain building distances are secured through easements or public-law property restrictions.

1. Unless otherwise specified, building walls may reach the following heights

In zone 5a 18 m

In zone 4 14 m

In zone 3 11 m

In zones 2 and 2a 8 m

2. Attic stories and walls that can be built on both sides may extend up to the roof profile line.

3. Cross gables and roof structures with a maximum width of 12 m may exceed the roof profile line up to the height of the roof ridge, provided they do not encroach upon the angles of light ingress required for the calculable window areas of multi-story buildings permissible on other properties.

1. Building walls must not encroach into the angles of light incidence required for the qualifying window areas of multistory buildings permitted on other properties. The angle of light incidence is considered maintained if the distances of all building parts are at least as great as their heights.

2. The height of building parts on the street side must not exceed their distance to the opposite building line.

1. The wall height is usually measured from the building line or, if the height of the building line is not specified, from the street line. In streets without lines, the height of the street at the property boundary is decisive.

2. The wall height is measured from the natural or excavated ground at the higher main facade,

a) if it is more than one meter above or below the line that is decisive in the usual case, and

b) if construction is undertaken at a distance of 3 m or more from this line.

3. The permissible wall height is reduced by the amount by which visible parts of the building walls below the decisive line exceed the height of 3 m.

4. When the height of the decisive line is not uniform everywhere, the wall height is to be measured from a horizontal line that is located at half the greatest height difference, but not more than 1 m above the lowest point. The division of the wall into sections with different measuring points is permissible.

1. The roof profile line represents the maximum height of the parts of the building above the building walls.

2. It rises at an angle of 45°/360 from the lines where building walls can reach their maximum height at the building line and on the side of the building facing away from the building line.

3. Canopies are only permitted within the roof profile line.

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1. If no restrictions arise from other regulations, the roof shape can be freely chosen within the building space available under the roof profile line. The first attic floor may have vertical facade surfaces with a maximum height of 3.5 meters. From this height, a maximum roof pitch of 60° up to the roof ridge is permissible.

2. Unless otherwise agreed, gable roofs and roof structures above the top permissible full floor must maintain a minimum distance of 0.5 meters from neighboring boundaries. The total of their front areas must not exceed the size of a rectangle 60 cm in height and the length of the facade on any side of the building.

3. Roof recesses for terraces and roof structures are only permitted on the first attic floor. Roof recesses for terraces must appear open towards the front and be consistent with the facade below.

4. ...

1. The building line of structures must be dominated by the parts of the building walls that stand on the construction line. Building parts that lie in front of or behind the construction line must be integrated into the facades.

2. If emissions cannot be sufficiently limited, a type of construction may be mandated that prevents their spread.

3. If construction does not extend to the lateral boundary of the property, a minimum distance of 3 meters must be maintained.

4. The necessary light exposure for the intended use of existing buildings within the same building block must be preserved.

1. Outside the perimeter block area, the regulations for boundary developments apply with the following deviations

a) Development is permitted as long as the area of the plot behind the building line has not been built up to 50%. If parts of the open space within the perimeter block area are built over, the development outside the perimeter block area must be removed to the extent necessary to maintain 50% open space.

b) All building parts must maintain a boundary distance that is at least half their height and cannot be less than 6 meters. Heights are determined from the reference line for wall height. On paths without building limits, the distances to the center of the path must be observed.

c) No distances need to be maintained for constructions on the same property.

d) Attic floors must be recessed or covered with a pitched roof on at least two parallel sides of the building or building parts and on all sides whose length exceeds the permissible building depth in the perimeter block area. The permissible area of recessed floors is determined by a distance of 1.5 meters from the longer sides.

e) Underground structures and facilities are permissible over the entire area.

f) Single-story buildings and extensions do not have to maintain distances if they do not exceed 3 meters in total and do not protrude more than 50 cm above the natural or excavated ground with their floor. Where moderately disruptive operations are permitted, a total height of 4.5 meters is allowed. If the boundary distance is less than 3 meters, walls facing the neighbor’s boundary may not have openings unless otherwise agreed.

g) Extensions to expand rooms on ground floors may have their floor and ceiling at the height of the floor and ceiling of the ground floor to be expanded, provided the boundary distance of such an extension is at least equal to its height.

h) The boundary distance of railings and other devices for delimiting terraces on single-story buildings must be at least equal to their height.

2. The regulations on boundary distances do not apply,

a) when joint building permits are applied for buildings erected on the boundary;

b) when an existing building can be extended;

c) when a boundary building right exists and no third-party rights are affected.

3. Distances to boundaries outside the perimeter block area may be reduced to 6 meters,

a) if the necessary angles of light for permissible uses are secured by easements or public-law property restrictions, or

b) if it is neither mandatory nor desired to use spaces located below the corner points of statutory angles of light for uses that require windows facing the boundary.

4. Agreements on the reduction of boundary distances must be entered as easements in the land register.

1. In Zone 2a, buildings and groups of buildings must be constructed within rectangular areas with a maximum length of 25 meters and a width of 12 meters. For groups of at least two single-family houses, the maximum length is 35 meters.

2. Unless otherwise stipulated or agreed, the distance from buildings and groups of buildings to lateral property boundaries must be at least 6 meters.

3. Up to 24 meters behind the building line, a distance of 3 meters from the lateral property boundaries is sufficient for buildings and groups of buildings that are at most 12 meters deep.

4. Buildings or groups of buildings deeper than 12 meters may only be oriented towards a lateral property boundary if a boundary distance of 9 meters, an easement, or a public-law ownership restriction secures a building distance of 12 meters; this building distance may be reduced as far as necessary for the construction of buildings with a width of 12 meters, provided a boundary distance of 6 meters is maintained.

5. Buildings and groups of buildings, between which the distance is smaller than the sum of the statutory boundary distances, are considered part of the same group of buildings.

6. Attic floors must be set back or covered with a pitched roof on the sides of the buildings or groups of buildings exceeding 12 meters in length. If no side is longer than 12 meters, a choice between two parallel sides is allowed. The permissible area of recessed attic floors is determined by a distance of 1.5 meters from the longer sides.

1. Within a distance of 10 meters, the street façade must run parallel to the building line, as far as the shapes of the building or the building line permit.

2. Approval for extensions must be obtained from those whose rights are restricted to add onto the other side of the building group.

3. No approval is required for the enlargement of the building depth on the side away from the house entrances, provided the legally prescribed boundary distance is maintained.

1. Outside the base area for constructions according to zoning regulations, the following may be constructed on the entire property area behind the building line

a) Underground structures and facilities;

b) Single-story buildings and extensions that comply with the regulations concerning building outside the block perimeter area in zones 5a, 4, 3, and 2.

2. Balconies behind the building line may exceed the allowable base area for multi-story buildings, provided they do not project into open spaces defined by spacing regulations. The regulations concerning balconies in perimeter developments are not applicable.

3. Usage restrictions resulting from tree protection can be compensated by greater building lengths, if spacing regulations allow.

1. If land use plans do not specify otherwise, the regulations concerning setbacks and the limitation of building depth do not apply to

a) shutters, window grilles, cornices, and other building components that serve exclusively for the furnishing or decoration of building walls;

b) roof overhangs, gutters, and downspouts that project no more than 1 meter beyond the building line or the permissible building depth.

2. Height restrictions and light angle regulations do not apply to

a) components such as chimneys, skylight systems, solar installations, and elevator structures that, for technical reasons, must be situated above the roof;

b) railings of rooftop terraces.

1. The Industrial and Commercial Zone (Zone 7) is designated

a) for uses where emissions occur on the property that are not permitted or not desirable in residential areas;

b) for uses that, due to the risk of incidents, should be kept away from residential areas;

c) for storage buildings and parking spaces.

2. Other uses are permissible if they do not generate more traffic than is typically generated by the designated uses, or if they serve the purpose of the designated use.

3. Residential space may only be created for personnel who must be constantly present on the business premises for the supervision of the operation.

1. If development plans do not specify otherwise and the type of use does not require deviations, the maximum height of buildings is 40 meters.

2. At the edge of the zone, the angle of light incidence of the neighboring zone must be maintained.

3. Exceeding building lines to expand usable space is not permissible.

4. Roof overhangs above public roads and paths and above the necessary access routes for development are only permissible from a height of 4.5 meters. Their projection must not exceed 1.0 meter. Roof overhangs over neighboring properties are not allowed.

1. In Zones 6 and 5, the regulations for Zones 5a, 4, 3, and 2 apply with the following deviations

a) The permissible gross floor area corresponds to the permissible ground floor area of the full stories and an attic set back 1.5 m from the building line.

b) If usage plans or special regulations do not specify otherwise, the entire plot area can be built over.

c) The permissible floor area above the top full story corresponds to the attic floor area relevant for the usage calculation.

d) Buildings that are not constructed at the property boundary must maintain a minimum distance of 3 m from it. Exceptions are single-story buildings and annexes that comply with the regulations for building outside the block perimeter in Zones 5a, 4, 3, and 2.

e) * The height of the building walls must not exceed 20 m in Zone 6 and 18 m in Zone 5.

f) The building height is limited to 25 m in Zone 6 and to 24 m in Zone 5.

g) In Zone 5, the height of building parts on the street side may be at most 4 m higher than their distance to the opposite building line. In Zone 6, this restriction applies if the building heights on the opposite street side are also restricted by the building line distance.

1. In the city and village conservation zone, the externally visible historically or artistically valuable substance and the corresponding character of the existing development must be preserved. Facades, roofs, and firewalls may not be demolished.

2. The demolition of buildings or parts of buildings is only permissible

a) if there is no impairment of historically or artistically valuable substance, or exceptionally, if their reconstruction is guaranteed;

b) if overriding public interests necessitate the demolition.

3. Demolition may not commence until the immediate execution of construction work necessitating the demolition is secured.

4. Alterations, extensions, and new constructions are only permissible if no externally visible historically or artistically valuable substance is impaired. They must adhere to the historical building lines, firewalls, floor numbers, and roof shapes. The competent authority may permit exceptions, specifically those necessary for the creation of residential space or the exercise of commerce and trade, as well as to ensure a contemporary standard of living or to comply with environmental and energy standards, provided that the historical or artistic character of the existing development is not impaired.

4bis. Carefully integrated solar installations in roofs or facades are permissible on buildings and installations outside the historic cores of Basel, Bettingen, and Riehen.

4ter. The Bäumlihof conservation zone and the conservation zone on St. Chrischona, despite their location outside the historic core of Bettingen or Riehen, are to be evaluated according to paragraph 4.

5. The competent authority may require and permit deviations from statutory regulations in the interest of the preservation or reconstruction of historically or artistically valuable substance, provided that no overriding public interests oppose this.

1. In the Town and Village Image Preservation Zone, the visibly outward historical or artistic character of the existing buildings shall not be impaired; in particular, the building volume and scale shall be preserved.

2. Deviations from the building volume and scale are to be ordered if they are required by the visibly outward historical or artistic character of the existing buildings, and are to be permitted if there is no public interest in their maintenance or if the private interest in the deviation outweighs it.

3. Furthermore, exceptions to the statutory regulations may be permitted if the refusal would represent an unreasonable hardship for the owner.

4. Neither deviations nor exceptions shall impair the visibly outward historical or artistic character of the existing buildings as seen from the street.

5. For structural changes, the regulations of the zone determined by the number of floors of the permitted development shall apply otherwise.

1. The Use of Land in the Zone for Public Interest Purposes is Determined

a) by the resolution that establishes the zone,

b) by development plans, or

c) by the approval of construction projects in a planning procedure of the government council or the municipal council.

2. At the edge of the zone, the light incidence angle of the adjacent zone must be observed.

1. Green zones and green area zones serve to secure spaces for open space uses such as parks, gardens, subdivision and design of the settlement, recreation and sports, cultural landscape, and sites of native nature.

2. Green zones and green area zones may overlay commons.

a) * ...

b) * ...

1. In green zones, constructions and installations are only permitted exceptionally and in a subordinate manner, provided they serve the development and equipment of green zones or are location-bound.

2. The design of green zones also considers the existing potential for native nature at the site within the framework of the respective usage objectives, in the sense of ecological balance, natural space networking, water balance compensation, and the urban climate.

1. In green space zones, the customary and necessary buildings and facilities for their access and equipment are permissible.

2. In addition, the following buildings and facilities are permissible

a) underground buildings and facilities, provided they serve the public interest and do not impair the above-ground use;

b) access routes of neighboring properties on communal land; they must integrate into the green space zone.

1. Special regulations for use, particularly concerning the type of use and the design of open spaces, can be issued for green zones and green area zones.

2. Special regulations for use may stipulate that the government council or the municipal council must issue additional provisions regarding the type of use and its design in a further planning procedure.

1. The provisions of federal law for agricultural zones shall apply.

2. When selecting locations for buildings and facilities, consideration must be given to the efficient use of land, the needs of the operation, the local and landscape appearance, and natural and cultural monuments.

1. In the utilization plans, zones for nature and landscape protection are established in accordance with the Nature and Landscape Protection Act, which overlay other zones. Nature and landscape protection zones can overlay any other zones; nature and landscape protection zones overlay exclusively areas outside construction zones, specifically zones designated for open space use or, where applicable, common land.

2. In nature and landscape protection zones, buildings and installations, including terrain alterations, are not permitted. Buildings and installations that serve the purpose of protection, drinking water procurement, water engineering, or slow traffic may exceptionally be allowed if they do not conflict with the protection objectives and blend well into the landscape.

3. When designating nature and landscape protection and buffer zones, the purpose and extent of the protection must be defined in principle.

4. The government council or the municipal council can specify the usage regulations in special protection ordinances.

1. No zone shall be assigned to

a) Areas whose use has not yet been determined;

b) Areas where a specific use is to be permitted only at a later date.

2. Constructions and installations in these areas require a special permit pursuant to Article 24 of the Federal Act on Spatial Planning.

1. Buildings on boundaries between Zones 5a, 4, 3, and 2 may be constructed in accordance with the regulations governing structural use in the zone with the greater number of floors; the nature and extent of land use shall be determined by zone classification.

2. To the extent necessary to prevent unlawful conditions or disruptive contrasts, the construction method must comply with the regulations of the zone with the smaller number of floors.

1. Where usage plans do not specify otherwise, the minimum distance of buildings from the shoreline of above-ground bodies of water is 3 meters.

2. The shoreline area includes the embankment with a slope of 1:2 and a 3-meter-wide buffer strip.

1. Buildings must maintain a distance of at least 2 meters from cantonal or municipal borders.

1. The ownership of land is obligated to document underground installations that are located below the lowest part of a building or story and remain permanently in the ground, regarding their location and number.

2. The underground installations subject to documentation requirements include, in particular

a) geothermal probes;

b) technical installations;

c) deep-lying structural elements such as sheet pile walls, anchors, pillars, and similar;

d) structural measures for earthquake reinforcement;

e) boreholes;

f) securing elements and securing measures.

3. The documentation must be submitted to the competent authority upon their request. The Executive Council shall regulate further details in the ordinance.

1. Partition walls of buildings may be erected halfway onto the neighboring property,

a) if boundary constructions are permissible on both sides,

b) if they do not exceed the boundary by more than 20 cm.

2. Foundations below the first basement may extend up to 30 cm beyond the neighboring boundary.

3. Compensation for the use of foreign land is not owed.

4. The parties may agree on the erection of boundary structures and additional constructions on the boundary in which they have a mutual interest.

1. Whoever builds onto a wall located on the boundary must compensate half the value of the used portions.

2. Whoever uses the wall to affix trellises, hooks, and similar items must compensate for the resulting damage.

3. If the wall must be replaced, repaired, or adapted to meet a regulation, the cost allocation will be determined by the interest the parties have in it.

1. If a wall standing on the boundary needs to be replaced in the course of construction and overriding interests oppose this, the boundary shall, upon application by one party, be relocated to the outside of the wall.

2. The boundary shall, upon application by one party, be relocated to the center of the wall if a wall standing on the boundary has been widened on one side and the other party wishes to use the new parts jointly.

3. The provisions regarding boundary regulation shall apply.

1. For the construction and maintenance of structures on or up to the property boundary, neighboring land may be used up to a distance of 2.5 meters from the boundary. Any damage arising from this must be compensated.

2. Without the consent of the other party, such use is permissible only once compensation for damages has been secured. The amount and type of security are determined by an order of the civil court.

1. Disputes Regarding the Use of Adjacent Properties and the Reciprocal Financial Claims of the Parties Fall Under the Jurisdiction of Civil Courts.

1. Of the area behind the building line that must not be developed above ground, at least two-thirds must be laid out as a garden or green space. This does not apply in zones 7, 6, and 5.

2. Structures are permissible in gardens or on green spaces if, in accordance with local perceptions, they are considered part of garden amenities, provided they are well integrated.

3. Structures and installations beneath portions of land designated as gardens or green spaces must be covered with an adequate layer of soil.

1. In zones designated wholly or partially for residential purposes, storage and parking spaces are only permissible on open areas if they serve the use of buildings on the same property and do not impair public or overriding private interests. They must not occupy parts of the property that are to be designated as gardens or green areas.

2. The regulations concerning waste facilities and car parking spaces remain unaffected.

1. The layer of soil above underground structures may only exceed the height of the natural or excavated ground level if justified by the design of the garden or green area.

2. Unless otherwise agreed, its minimum distance to neighboring boundaries must correspond to the extent by which it exceeds the height of the natural or excavated ground level.

1. The area of land situated between the building line and the street line is to be developed as a garden or green space and should be delineated from public land, unless it is occupied by projecting structural components, entrances, and other location-bound structures, facilities, and installations.

2. Structures commonly considered to be part of garden facilities according to local custom are permissible if they integrate well with the garden or green space and the streetscape.

3. Under the same condition, covered parking spaces for bicycles, mopeds, and children's vehicles, as well as the installation of heat pumps, are permissible provided there is no other suitable location available in the immediate vicinity.

4. At a building line distance of 18 meters or more, signs, lanterns, and advertisements may project up to the middle of the front garden, but no more than 50 cm beyond the building line further than projecting structural components.

1. In front of street and roadway alignments, constructions and installations that do not comply with the regulations on protruding structural components may be approved

a) as provisional measures until the transfer of ownership to the public entity entitled to expropriate;

b) in accordance with the regulations on the use of public land, if a right of use is guaranteed.

1. Enclosures may not be higher than 2 meters.

2. Walls are also considered enclosures.

3. The government council regulates how enclosures are to be anchored, how they may be constructed, and how their height is to be measured.

1. Buildings, structures, advertisements, signage, and paintings must be designed in relation to the surroundings so that a good overall impression is achieved.

2. The design of public grounds and their furnishings must meet elevated standards.

3. A regulation shall determine where external advertisements are subject to further restrictions or are prohibited.

1. Buildings and structures must be safe.

2. They must be designed, constructed, equipped, operated, and maintained in such a way that people are not exposed to avoidable dangers.

3. Additional safety measures may be required for the protection of important buildings and structures and cultural assets.

4. If compliance with fire safety regulations is not otherwise ensured, buildings must be enclosed by firewalls at the property boundaries.

1. Buildings and structures that do not meet the safety standards applicable to new constructions must be renovated,

a) if they exhibit severe safety deficiencies, or

b) if they need to remain operational in emergencies and are not sufficiently safe to do so.

2. The government council designates the buildings and structures that must remain operational in emergencies, specifies the safety standard to be achieved, and sets the renovation deadlines.

3. The canton is obliged to provide compensation if and to the extent it orders the renovation of private buildings and structures to ensure they remain operational in emergencies. It has the right to seek reimbursement if the renovation is intended to ensure the fulfillment of the duties of another municipality.

1. Buildings and structural components must be constructed in such a way that they cannot obstruct the use of public land and neighboring properties.

2. Roof water must not flow onto streets, paths, or neighboring properties.

3. Doors, windows, shutters, and the like must not open into spaces designated for traffic on streets and paths, nor should trees and shrubs protrude into these spaces. The space intended for traffic is generally up to 4.5 meters above and 50 centimeters beside roadways and 2.5 meters above sidewalks and paths.

4. Anyone who dams or diverts the groundwater flow must ensure that damage is prevented. If other properties are to be used for this purpose, the consent of the rights holders must be obtained. If they refuse necessary and reasonable measures, any effects on their properties resulting from changes to the groundwater flow are deemed justified.

5. When building, precautions must be taken to protect persons and property from avoidable impacts.

1. Buildings and facilities that are publicly accessible or intended for the public offering of services must be developed and equipped in such a way that they can be used by disabled persons, provided that this is economically reasonable according to the relevant federal legal provisions.

2. Buildings that contain apartments or workplaces suitable for disabled persons must have an accessible entrance for individuals with disabilities, provided that this is economically reasonable according to the relevant federal legal provisions. They must be constructed in such a way that they can be adapted to the needs of persons with disabilities without avoidable alterations, as far as possible without disadvantage. Single-family houses are exempted.

3. The government council designates an advisory office for construction suitable for disabled persons. The advisory office is entitled to lodge building objections and appeals.

1. A disabled person may apply for the elimination of structural disadvantages in existing publicly accessible buildings and facilities, provided they demonstrate a legitimate need for it. Organizations that represent the interests of disabled individuals according to their statutory purpose and have been operating in the canton for at least five years are also entitled to make such an application.

2. The application must be submitted to the building permit authority.

3. The building permit authority shall give the affected property owner the opportunity to comment and conduct an objection process. It may invite the applicant, the property owner, and any objectors to a conciliation hearing. Thereafter, it decides on the application by means of a ruling.

4. The application shall be approved if

a) the relevant building or facility was not constructed based on a building permit issued in accordance with the provisions of § 62, and

b) the elimination of the disadvantage in question has not already been the subject of an application according to paragraph 1 at an earlier time, and the circumstances have not significantly changed since then, and

c) the expected costs of the requested measure do not exceed the maximum amount according to paragraph 5, and

d) the requested measure is economically reasonable, and

e) there are no overriding interests contrary to the requested measure.

5. The application shall be rejected if the expected costs of the requested measure exceed 3% of the building insurance value of the respective building or facility or exceed 150,000 Swiss Francs. If only part of a building or facility is affected, the proportionate building insurance value corresponding to the usable area shall be used as the basis. If structural measures for disabled-friendly design have already been implemented on the respective building or facility in the past ten years, the relevant maximum amount shall be reduced by the costs already incurred.

6. In assessing economic reasonableness, the actual income generated in the respective building or facility, or in the relevant part of the building or facility, must also be considered.

7. In the balancing of interests, the interests of monument protection and the public interest in preserving established cultural and social institutions and enterprises as well as small businesses must also be taken into account.

8. Any person who is affected by the application and has a legitimate interest in its rejection or modification may file an objection. Furthermore, any person entitled to apply according to paragraph 1 may raise an objection claiming that the disadvantage in question should be eliminated in another manner.

9. The ruling may be appealed to the building appeals commission according to the general provisions. New objections are excluded if they could have already been submitted in the objection process. Anyone who has declared consent in a conciliation negotiation cannot raise an objection in the appeal process.

10. As far as the content of the ruling obliges the property owner to implement a structural measure, the building permit authority shall ensure that the implementation of this measure occurs within a reasonable period. If the conduct of a building permit procedure is necessary for this, only such objections can be raised in this procedure that could not have already been submitted in the objection procedure according to paragraph 3; moreover, no measures regarding disabled-friendly construction can be imposed in this procedure that go beyond the content of the ruling underlying the procedure.

1. The window area of living rooms, bedrooms, and kitchens and combined kitchen-living rooms must not be smaller than one-tenth of the floor area. In attics, one-fifteenth is sufficient.

2. The same applies to other rooms intended for human occupancy, provided that equipping them with windows is possible and makes sense for the intended use, and there are no overriding interests to the contrary.

3. Deviating federal regulations remain reserved.

1. Windows with an angle of incidence to the horizontal of at most 60°/360 in zones 6 and 5 and 45°/360 in other numerically designated zones are credited. In corner locations and within the perimeter block area, side light is credited if it falls at an angle of no more than 30° from the vertex of an adequate angle of incidence placed perpendicular to a window opening.

2. Window areas of above-ground floors facing a building line are also credited, even if the angles of incidence are not adhered to.

3. Window areas and angles of incidence are determined on the exterior of the building. The angle of incidence to the horizontal must be observed at the floor height of the room.

4. The prescribed light incidence can be ensured through easements. Easements may not be altered or revoked without the consent of the building approval authority. This must be noted in the land register.

1. Rooms intended for use by humans or animals must be able to be adequately ventilated.

2. If necessary for the protection of humans, animals, or property, ventilation systems must be installed.

1. Rooms intended for the permanent residence of persons must have a minimum height of 2.5 meters. In zones 2 and 2a, a height of 2.3 meters is sufficient.

2. In sloped rooms, the minimum height must be maintained over the areas necessary for walking or standing.

1. Buildings must be protected against cold and heat, moisture, and noise in accordance with the requirements of health and environmental protection, as well as efficient and rational energy use.

1. Buildings must contain the sanitary facilities necessary for their intended use.

2. Low-lying rooms and installations must be protected against the effects of sewage backflow in the sewer system.

3. The facilities must be constructed according to the state of the art. They must be permanently suitable for their designated use.

1. Dwellings must include a kitchen area with connections for energy, water, and sewage.

1. For apartments, storage space must be available that comprises 10 percent of the living area, with a minimum of 4 square meters and a maximum of 15 square meters.

2. Waste containers must be accommodated and made available in accordance with the regulations concerning waste collection.

1. On properties with more than five family-suitable apartments, all residents must have access to an outdoor play and recreational area.

1. Unused flat roofs must be covered with a layer of vegetation.

1. In the case of new constructions, significant structural modifications, or changes in use, the parking spaces required for the appropriate use of bicycles, mopeds, strollers, and children's vehicles must be created, unless there are overriding interests to the contrary.

2. The parking spaces must be well accessible and appropriately designed.

3. The details regarding the number, location, accessibility, and equipment of the necessary parking spaces are to be determined by regulation.

4. For new constructions with a gross floor area exceeding 4,000 m², the VSS standard regarding the determination of demand and the selection of locations for bicycle parking facilities must be adhered to.

1. The permissible number of parking spaces for passenger cars is to be determined by regulation. The regulation must take into account

a) the floor area;

b) the number of apartments or the expected number of workplaces based on empirical data;

c) the quality of transport connectivity, particularly accessibility by public transport.

2. The use of parking spaces is generally unrestricted. Multiple uses are permitted, provided that they do not generate significantly more traffic than would be expected under the conditions of an approved use on average. The details are governed by the regulation.

3. The government council may authorize the building permit authority to approve neighborhood parking facilities, provided the conditions according to § 19bis USG BS are met.

4. A reasonable proportion - but at least 25% - of the parking spaces must be equipped with charging stations for electric vehicles. For all remaining parking spaces, structural preparations (installation of empty conduits) must be made to enable retrofitting at a later date. The details are governed by the regulation.

1. The parking spaces must be located on the same property as the buildings and installations or in their vicinity.

2. Parking spaces on other properties must be assigned to the buildings and installations through land registry entries. These entries may not be altered or deleted without the consent of the approval authority. This must be noted in the land registry.

1. For traffic-intensive facilities, the permissible number of parking spaces for passenger vehicles and the number of permissible trips per year must be determined.

2. Traffic-intensive facilities are considered to be service, sales, or recreational facilities according to the master plan, provided they generate an average of 2000 or more trips per business day. A traffic-intensive facility may consist of multiple installations and supplementary uses with a functional relationship.

3. The permissible number of trips shall be determined by regulation. The regulation must take into account

a) the usage-specific traffic potential per parking space;

b) the road network capacity;

c) the noise pollution.

1. The owner is required to report annually to the relevant department on the trips triggered.

1. Upon the first exceedance of the approved number of trips, a base fee of CHF 25 per approved parking space and a fee of CHF 3.50 per surplus trip will be levied. For the second and third consecutive exceedances, the rates increase by one quarter and one half, respectively. Upon the fourth consecutive exceedance, the fee is doubled. The fee is adjusted for inflation.

2. If the approved number of trips is exceeded in the first year of operation, the imposition of fees can be temporarily waived. The waiver becomes permanent if the approved number of trips is adhered to in the second year of operation. If the approved number of trips is exceeded in the second year of operation as well, fees will be imposed for both exceedances.

3. The fees payable for exceeding the approved number of trips constitute public law encumbrances. The obligation to pay the fee is noted in the land register when the fee order becomes legally binding.

4. If there is no notation in the register, the obligation to pay the fee expires if the property changes hands after six months.

1. Every building is designated with an address consisting of a street name and a house number.

2. Buildings with multiple entrances may be designated with multiple addresses.

3. The buildings must be uniformly marked.

1. Lawfully constructed buildings and installations are protected in their existence.

2. They may be maintained and used as before, even if they conflict with current regulations and plans.

3. They may be remodeled, extended, and used differently if they are located within a building zone and if there is no greater deviation from applicable law or infringement of public and neighboring interests than previously.

4. The modifications must comply with the regulations that can be observed without impairing the vested rights.

1. Street and path lines, building lines, and building boundaries, as well as restrictions on the height, depth, and length of buildings, may be exceeded for the purpose of thermal or sound insulation of existing buildings,

a) insofar as it is necessary to limit heat transfer to the values applicable to new buildings or to meet the requirements for the sound insulation of windows,

b) if other methods are substantially less suitable or require disproportionate effort, and

c) if there are no overriding interests opposed. Dimensions, distances, and angles of light incidence are determined from the same points after thermal or sound insulation as before. No increment value taxes or development contributions shall be levied.

1. If the buildings and structures contradict land use plans that authorize expropriation, there shall be no entitlement to compensation for the increase in value created by the alterations. Expansions may only be approved as provisional until the transfer of ownership to the public entity or company entitled to expropriation. The restrictions must be noted in the land register before the commencement of construction.

2. The protection of existing buildings and structures that no longer conform to zoning laws outside of building zones is governed by federal law.

3. The guarantee of existing rights does not exempt from statutory maintenance, adjustment, and renovation obligations, nor does it protect against expropriation, land reorganization measures, and generally binding usage restrictions.

1. The competent department may, upon request, permit deviations from building regulations if there are important reasons for doing so, and if public interests and essential neighboring interests are safeguarded.

2. For provisional constructions and installations, the authority responsible for building permits may allow deviations if there are no overriding interests opposed to them.

3. Exceptional permits for constructions and installations in rural municipalities require the approval of the municipal council. An appeal against the refusal of approval can be lodged with the Building Appeals Commission. The municipalities have the right to appeal against the decision of the Building Appeals Commission.

1. Greater Floor Areas or Utilization Ratios may only be approved

a) for the increase of underground usage;

b) when harmful or nuisance effects cannot be reasonably avoided otherwise;

c) if a commercial enterprise cannot be reasonably expanded otherwise. The expansion buildings must comply with the maximum dimensions applicable to single-story buildings on the property boundary;

d) when the heating energy demand of a new building is 20% below the cantonal requirements;

e) when the heating energy demand in the renovation of an existing building meets the cantonal requirements.

2. Greater Building Heights may only be approved to allow for greater story heights that could be constructed without a special permit.

3. Provisional Structures deviating from the regulations on the type and extent of land use may only be erected for a special occasion. They may not remain longer than required by the purpose of the occasion.

4. For the construction or change of use of buildings and facilities outside of building zones, the federal legal requirements must be met.

1. Exceptions may be granted on a temporary basis, subject to revocation, under conditions, or with specific requirements in order to protect public or neighborly interests.

2. Deviations from land use plans, which authorize expropriation, can only be approved as temporary measures until the transfer of ownership to the community or enterprise entitled to expropriation. Claims for compensation of the added value created by these changes are excluded.

3. Time limits and reservations of revocation must be noted in the land register. Time limits not determined with a view to expropriation may be noted.

1. Authorization for Conforming Construction Projects May Be Refused

a) if they significantly infringe upon public or substantial neighboring interests, and

b) if a modification of the project that substantially better safeguards these interests is possible without unreasonable disadvantages.

1. The enforcement of building regulations is the responsibility of the canton.

2. The government council may delegate enforcement tasks to the municipalities upon their request.

3. It may authorize the enforcement authorities to delegate examination, supervision, and advisory tasks to third parties.

4. Building applications for projects in a rural municipality must be submitted to the municipal council for its opinion.

1. The Executive Council determines how the building regulations are to be implemented.

2. It may designate regulations whose compliance need not be monitored, or only partially or upon request, by the enforcement authorities, provided that superior law permits and legal protection is not restricted.

1. If a construction project is to be examined by multiple authorities, the decisions must be coordinated.

2. Unless laws or regulations specify otherwise, the building permit procedure is the leading procedure.

3. The ordinance may provide exceptions to the coordination requirement for decisions that are not essential to the admissibility of the project.

1. The building permit authority generally decides on building requests and objections within three months.

2. For complex construction projects, particularly those requiring an environmental impact assessment, the building permit authority generally makes a decision no later than one year after the submission of the building request.

1. Insofar as it is necessary for the enforcement of building regulations, the entitled parties must permit enforcement authorities and their agents to enter properties and premises.

2. If it is necessary to ascertain important legally relevant facts, enforcement authorities and their agents may enter properties and premises without the knowledge or against the will of the entitled parties and may seek police assistance for this purpose.

1. The competent enforcement authority orders the suspension of construction work,

a) if the necessary permits for the project are lacking;

b) if there is a deviation from the approved project or if regulations are disregarded;

c) in case of imminent danger.

2. It restricts or prohibits the use of buildings and facilities,

a) when it is necessary to protect people, the environment, or significant property values;

b) to prevent unjust enrichment from a malicious violation of building regulations.

3. Orders issued based on these provisions are immediately enforceable. The competent enforcement authority may postpone enforcement if justified by substantial interests of the entitled users.

1. The enforcement authorities may perform acts at the expense of the defaulting or impeded obligors or have acts performed by third parties.

2. The costs of substitute performance and their interest are public law encumbrances that take precedence over other real rights.

3. Such encumbrances can be noted in the land register. If there is no notation, the personal liability of the obligors replaces the liability of the property when the property is sold through a legal transaction subject to the property transfer tax.

1. Right to Object to Construction

a) Any person who is affected by the construction proposal and has a legitimate interest in its rejection or modification;

b) Any person who is authorized to appeal under a special provision.

2. The objection must at least specify the reasons why the construction project is being contested.

3. Objection proceedings are initiated by public notice. During the objection period, the construction project must be made known through indications on the site, such as signs or profiles. The ordinance specifies the details and exceptions.

1. Orders based on the construction regulations can be appealed to the Construction Appeals Commission according to the general provisions.

2. New objections are excluded if they could have already been presented in the objection procedure.

1. Whoever violates the building regulations shall be punished with a fine.

1. The planning tasks described in this law are to be carried out according to the principles of spatial planning established by the federal government.

2. In particular, all planning and the design of public buildings and facilities must adhere to the objectives and planning principles of the Federal Act on Spatial Planning.

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 Cantonal Executive Council issues the cantonal master plan.

2. The Cantonal Executive Council and municipal authorities may issue additional master plans. The provisions of federal law regarding the binding nature and adaptation of the cantonal master plan apply mutatis mutandis.

3. Municipal master plans become binding for cantonal authorities once they have been approved by the Cantonal Executive Council.

1. Zoning Plans Shall Determine

1. Building zones and areas outside of the building zones.

2. The zones and areas for which this law contains regulations.

3. Zones and areas to be determined under other laws.

4. The permissible types of structural use such as residential and commercial.

5. Areas within residential and commercial zones where uses permitted under the regulations applicable to Zone 7 can be approved.

2. Zoning plans provide information regarding areas designated as commons, forest, or railway property, or where development plans apply.

3. The rural municipalities may designate additional land use zones and issue the associated regulations.

1. Street lines designate the boundaries of roads open to cars; pathway lines designate the boundaries of traffic routes not intended for cars.

2. Street and pathway lines can signify

a) Properties or parts of properties that must only be surrendered once the buildings and structures on them have been removed (building setback lines).

b) Parts of public streets or pathways on properties under arcades (arcade lines).

3. Building lines determine where the alignments of bordering developments along streets and paths designated for property access must run.

1. Street, road, and building lines must be based on a development plan.

2. The development plan determines

1. The longitudinal profile and the general cross profile of the street or road.

2. The buildability of the street.

3. The dimensions of the space under arcades.

3. The development plan may specify

1. The height of building lines.

2. Building boundaries along paths and non-buildable roads.

3. The design and equipment of the street or road.

4. Green spaces and green areas.

5. The load-bearing capacity of structures under streets and roads.

6. Arrangements for persons with disabilities.

7. Divergent regulations concerning building at the building lines and the use of front gardens.

1. The development plan must be aligned with the anticipated use of the street or path.

2. The building line distance must be at least 12 meters. If the street is only developable on one side, the minimum distance to the opposite street line shall be 7 meters.

3. Unless there are overriding interests to the contrary, streets and paths with pedestrian traffic must be designed to be accessible for people with disabilities.

1. Building Boundaries Define

a) the minimum permissible distance of buildings from other structures and facilities, or areas with different uses,

b) areas that may not be built upon.

2. Building boundaries take precedence over distance regulations.

3. Unless otherwise specified in the usage plans, building boundaries apply only to above-ground buildings and parts of buildings. They may be exceeded by roof overhangs, downpipes, shutters, window grilles, cornices, and other components that serve exclusively for the furnishing or decoration of the facades.

1. Development plans are intended to ensure better development in limited areas than the basic building regulations or to facilitate the coordination of use planning. They are typically the result of planning procedures such as test planning, study assignments, or competitions that ensure urban quality. They take precedence over more general regulations.

1bis. The costs of these planning procedures are borne by the landowners.

2. Development plans may specifically determine

a) what may be subject to zoning, line, and pipeline plans;

b) the extent of structural use;

c) the location, size, shape, and design of plots, buildings, and open spaces;

d) access;

e) the provision of other infrastructure facilities such as sports and recreational facilities, meeting rooms, schools, shops, and administrative buildings;

f) the number and use of private parking spaces for vehicles;

g) public charges for access and equipment;

h) earlier cut-off dates for the determination and collection of value-added taxes if the taxpayers request it;

i) landscapes and townscapes, historical sites as well as natural and cultural monuments that must be preserved;

j) the design of street spaces;

k) the purpose or essential characteristics of the plan, from which plans at lower levels and orders may not deviate.

3. A development plan may provide that the government council or municipal council must issue additional provisions regarding the extent of development use or construction in a further planning procedure.

1. Land use plans may provide for overlapping uses of the same area.

2. If such an area is expropriated, the expropriated parties may request, until the conclusion of the proceedings, the retransfer of rights that are not necessary for the achievement of the purpose. This is subject to the extension of the expropriation.

1. Municipal planning is the responsibility of the municipalities. For the municipality of Basel, the canton acts on its behalf.

2. The municipalities are obligated to establish the necessary zoning and development plans.

3. They may establish additional land use plans.

1. The canton is responsible for the planning of its public works. It establishes the necessary land-use plans for this purpose.

2. In view of fulfilling public tasks for which neither the canton itself nor one of its municipalities, but rather third parties, namely the federal government or a private entity, are responsible, the canton may establish the necessary land-use plans if their own or overriding interests justify it. The approval authority shall revoke these land-use plans when the municipalities have established land-use plans that correspond to the cantonal or overriding interests.

1. Insofar as neither the Executive Council nor the Municipal Council is responsible, the Grand Council, the Municipal Assembly, or the Municipal Parliament shall decide on

a) zoning plans;

b) development plans;

c) * building boundaries;

d) * special usage regulations on zones for open space utilization.

2. The Grand Council, the Municipal Assembly, and the Municipal Parliament may delegate parts of their planning competencies to the Executive Council or the Municipal Council.

1. The Executive Council or the Municipal Council decides on

a) Street, road, and building lines;

b) Building limits along streets and roads;

c) Pipeline plans;

d) Amendments to zoning plans unanimously requested by the entitled users, which do not enlarge the construction area and against which no permissible objections are raised;

e) Development plans that encompass less than 4000 m² of land area and do not increase the extent of building usage as determined by this law;

f) Supplements and amendments to the development plans of the Greater Council, the Municipal Assembly, or the Municipal Parliament for which it is substantively responsible and that do not contradict the intent and purpose of the determinations of the Greater Council, the Municipal Assembly, or the Municipal Parliament;

g) Water protection areas, groundwater protection zones, and groundwater protection regions.

2. The establishment of street lines more than 20 meters apart is only permissible with the authorization of the legislature. This does not apply if the distance is reduced.

1. The canton and municipalities coordinate their planning efforts.

2. The canton and municipalities seek cooperation with the federal government and with planning authorities in neighboring areas.

3. Joint land use plans can only be repealed or adjusted jointly. The commitment may be limited to certain parts by agreement.

1. Drafts of zoning, line, and development plans of the rural municipalities must be submitted to the cantonal planning authority for preliminary examination before public display.

2. In the case of minor changes that are not of general interest, the preliminary examination may be omitted.

3. The result of the preliminary examination is non-binding for the municipality and the approval authority.

1. Draft plans and the associated reports and explanations must be made available to the public for at least 30 days.

2. Difficult to understand plans must be illustrated by means such as pegs, profiles, or models.

3. The plan disclosure procedure is initiated by a public announcement. The announcement must at least inform about the nature and scope of the planning, the location and duration of the plan disclosure, and the right to submit objections and suggestions.

4. Those who own property on plots of land that are to be claimed or otherwise made usable shall be informed of the plan disclosure through written notification. Proof of delivery of the notification is not required.

1. Objections to draft plans may be raised until the end of the public display period.

2. Entitled to raise an objection is

a) anyone personally affected by the planning and having a legitimate interest in its amendment or rejection;

b) anyone authorized to appeal by a specific provision.

3. The reasoning must at least indicate why the project is being contested.

4. Anyone not entitled to raise an objection may suggest amendments.

1. The planning authority examines objections and suggestions and amends the drafts if necessary. It informs the authority responsible for application submission or plan approval about the results and requests the necessary decisions from it.

2. Substantially amended draft plans must be presented again. Anyone affected by the changes may raise an objection.

1. Planning approval decisions must be published.

2. Any person who owns property that is to be utilized or affected according to the plan drafts shall be made aware of the planning approval through a written notification. Proof of delivery of this notification is not required.

3. Decisions on objections must be disclosed through delivery. The regulation may provide for other types of disclosure in cases of mass objections and other special cases.

1. Appeals against orders and decisions in the planning approval procedure can be lodged in accordance with general provisions.

2. An appeal to the Administrative Court is also permissible against resolutions of the Grand Council. Exceptions are complaints due to violations of voting rights.

3. The appeal instances also examine the appropriateness.

4. New objections are excluded if they could have already been raised during the objection procedure.

1. Zoning, line, and development plans of the rural municipalities must be submitted to the department responsible for spatial planning for approval.

2. The department approves the plans if, in its judgment, they are lawful and appropriate in terms of spatial planning law. In other cases, the decision is made by the government council.

3. The approval decision can also be made even if appeals against the plan adoption decision are pending.

1. The municipality issues the decision in accordance with the provisions applicable to plan approval resolutions. Once the approval has been granted, publication suffices.

2. An appeal can be lodged against the refusal of approval in accordance with the general provisions. The municipalities have the right to appeal.

1. The Government Council or the Municipal Council may designate planning zones under the conditions established by federal law.

2. Planning zones are also constituted through the public presentation of draft land-use plans.

3. Pending building permit procedures and building permits are subject to planning zones only when expressly decreed by the Government Council or the Municipal Council. More than three months after the initiation of a building permit procedure, subordination can only be decreed if circumstances have significantly changed since then. Building permits can only be subordinated if they can be revoked.

1. Planning zones become effective upon their announcement. Their validity period is to be limited to a maximum of five years.

2. Planning zones established by the submission of draft land use plans remain valid until the decision regarding the submitted plans becomes enforceable, but for no longer than five years.

3. If the time limit cannot be met for sufficient reasons, the validity period may be extended to a maximum of eight years.

1. The provisions regarding public display and contestation of planning zones are governed by the regulations on land use planning.

2. The notification of the plan display must specify the planning whose implementation must not be hindered.

3. In the case of the extension of the validity period of planning zones, the public plan display may be omitted.

4. The notification serves as the basis for the entry in the cadastre of public law restrictions on property ownership.

1. Master plans and utilization plans must be published or made available for inspection.

2. Plans of public utility facilities and sewers must be presented for inspection upon request, insofar as this is necessary for the construction of connection lines and to avoid damage.

3. Utilization plans are maintained in the register of public-law property restrictions.

4. ...

1. Capital gains levies apply to the benefits that arise when the permissible floor area is increased through a change in zoning classification or zoning regulations, through a development plan, or through an approval.

2. Levies incurred on properties in the city of Basel are to be used in the city of Basel for

a) * the creation or enhancement of public green spaces and open spaces to improve the residential environment;

b) * climate protection and adaptation measures to prevent and mitigate heat island effects;

c) * the creation and enhancement of nature-oriented, public recreational spaces;

d) * the promotion of biodiversity.

3. Levies collected from a particular area may, where possible and reasonable, be directly used for the creation and enhancement of publicly accessible green and open spaces in that area, provided that public accessibility is secured as a servitude in favor of the municipal community of the city of Basel.

4. In exceptional cases, the levies may also be used for green and nature-oriented recreational spaces outside the city and canton areas as well as in the German and French border areas, if these directly adjoin the city area and are predominantly used by the city population. If the land is not owned by the municipal community of the city of Basel or the Canton of Basel-Stadt, public accessibility must be secured as a servitude in favor of the municipal community of the city of Basel.

5. For properties in the municipalities of Riehen and Bettingen, the municipalities themselves regulate the purposes for which the capital gains levies are used. If a municipality does not exercise this regulatory competence, the provisions of paragraph 2 apply mutatis mutandis.

6. Expenditures debited from the capital gains levy fund over an amount of CHF 1.5 million require approval by the Grand Council.

1. The statutory measure of building utilization serves as the starting value. This is generally determined by a comparison project, utilization rate, or zoning plan.

2. If the permissible measure of building utilization is not legally established or determinable, the following provisions apply.

1. If the increased use results from a development plan, a utilization figure of 3.0 or the existing level of structural utilization shall serve as the baseline value. The higher value is decisive.

2. If the increased use results from a change in the zoning classification, a utilization figure of 1.8 shall apply as the baseline value.

1. The starting value is the value of non-building land.

2. Legally constructed existing buildings and facilities must be taken into account in determining the land added value.

1. The permissible level of building use in the zone designated by the number of stories allowed for construction serves as the baseline value.

1. For uses according to the regulations applicable to Zone 7, a utilization factor of 3.0 or the existing level of structural use serves as the starting value. The higher value is decisive.

2. For uses according to the regulations applicable to the basic zone, the principle pursuant to § 120a applies.

**1. The Added Value Tax is calculated based on the difference in market value of the land with and without additional use.**

**2. The amount of the tax is 40% of the added land value, minus an exemption of CHF 20,000. Development contributions levied for the same additional use are credited at current value against the Added Value Tax. Other expenses are irrelevant for the calculation of the Added Value Tax.**

**3. In the event approval is granted for a larger floor area, the increase in land value is determined based on what is actually developed.**

**4. To the extent that the level of building usage is increased to compensate for loss of use, the added land value is fully offset by the compensation.**

1. If residential space is permanently rented in a socially responsible manner according to the provisions of §§ 6a - 6e WRFG and this is bindingly secured by an agreement between the property owners and the canton, the capital gains levy rate for the corresponding share is reduced to 20%.

2. If the permanent socially responsible rental ceases, the capital gains levy will be newly assessed, and the difference to the capital gains levy already paid will become due for payment.

1. The value-added levy is due to the municipality where the encumbered property is located.

1bis It is determined when

a) a building application is submitted that utilizes the increased permissible floor area;

b) additional floor areas are permitted through an exceptional approval.

2. It is levied when the construction of buildings or parts of buildings that include additional floor areas is commenced.

2bis If the potential use is known in advance, an earlier reference date for the determination and collection may be set upon request of the liable parties.

3. The collection may be postponed in whole or in part if the liable parties can demonstrate that the enhanced utilization possibilities will only be minimally claimed or that the added value will arise exclusively or predominantly at a later date.

4. In the event of late payment, the levy claim is subject to interest at the rate customary for expropriation compensation.

1. Capital gains levies are public-law encumbrances. The obligation to pay the levy is noted in the land register once the change in use has become legally binding or when construction of the additionally approved floor space has commenced.

2. In the absence of notation, the obligation to pay the levy lapses if the property changes hands after six months.

1. The canton, its municipalities, as well as the cantonal and communal institutions and foundations, are exempt from the obligation to pay fees, insofar as the larger floor area is directly used for fulfilling their public duties. Under the same condition, they can request a reduction of additional value-related charges that apply to associations and companies in which they hold a stake.

2. The exemption from charges does not apply if the public duty involves providing services that are offered by private entities under comparable conditions.

1. Compensation for restrictions on property that are equivalent to expropriation must be claimed within one year from the public authority that imposed the restriction. The competent administrative authority may extend the deadline.

2. Compensation for constructions and installations in zones designated for open space usage, which can no longer be approved, must be claimed before the demolition work begins.

1. The public entity shall determine whether and to what extent it recognizes the claims.

2. Rejected claims may be asserted through legal action before the Expropriation Commission within three months following the delivery of the decision. The competent administrative authority may extend the deadline. The provisions governing the appraisal procedure in formal expropriation apply mutatis mutandis.

3. Decisions of the Expropriation Commission may be appealed to the Administrative Court in accordance with the general provisions. The canton and municipalities have the right of appeal.

**1. Upon the request of the entitled parties, the competent public authority must acquire:**

a) Land and parts of land that, according to legally binding utilization plans, must be reserved for development infrastructure or other public buildings and facilities;

b) * Land and parts of land on which buildings or facilities are located that, due to the designation of the site to an area outside the building zones, have become contrary to zoning regulations, could no longer be approved, and are not recognized as worthy of protection. If the entitled parties themselves remove the buildings and facilities, they are only entitled to compensation for demolition costs.

**2. The competent department or the municipal council may revoke the pre-emptive right until the expiration of the validity of a planning zone.**

**3. Disputed requests for pre-emptive rights and compensation claims can be asserted through a complaint to the Expropriation Commission.**

**4. The right to pre-emption of land due to excessive burden from public-law property restrictions is governed by the provisions of the Expropriation Act regarding the extension of expropriation.**

1. Land Readjustments Serve

a) the formation of building-ready plots;

b) the acquisition of land for projects of public interest.

2. The provisions regarding land readjustments with other purposes, such as soil or boundary improvements, remain reserved.

1. Land consolidation procedures are initiated through the establishment of a Land Consolidation Commission. The commission consists of at least three members, one of whom must possess the federal Patent for Engineer-Surveyors.

2. For consolidations in the city of Basel, the cantonal government is responsible, while for consolidations in rural municipalities, the municipal council is in charge.

3. Consolidations that replace expropriation procedures of the canton, the Confederation, or third parties are also initiated in rural municipalities by the cantonal government. The cantonal government may delegate this responsibility to the municipal councils by agreement in individual cases.

4. Applications to initiate a land consolidation procedure are binding

a) if they are submitted by a majority that owns more than half of the areas to be consolidated, or

b) if the costs incurred up to the determination of the boundary delineation plan are advanced or secured.

5. The initiation of a land consolidation procedure cannot be contested.

1. The land consolidation commission prepares the boundary plan of the area and submits it to the authority that initiated the procedure for determination.

2. The boundaries of the land consolidation area must be appropriate. They must not obstruct the formation of suitable plots of land either within or outside the consolidation area. Appropriate development must be possible.

3. The boundary plan of the area is established and published in accordance with the procedure applicable to land-use planning. The land consolidation commission has the status and rights of a party.

1. From the issuance of the territory delineation plan, any dispositions concerning properties that hinder or increase the cost of land readjustment are prohibited.

2. Upon request, the land readjustment commission decides on the admissibility of a project.

3. The land readjustment commission prompts the annotation of the land readjustment embargo on the properties affected by the readjustment in the land register, once the territory delineation plan has become enforceable.

1. By the approval of the area demarcation plan, the parties are consolidated into a public-law cooperative.

2. The cooperative has the rights and duties necessary for the land readjustment.

3. The affairs of the cooperative are managed by the readjustment commission.

1. The Reallocation Commission prepares an allocation plan and allows the parties involved to comment on it.

2. The allocation plan provides at least information on the location, shape, and size of the new plots, the infrastructure, the method of distribution, the values possibly affecting the allocation, buildings to be removed, as well as contributions, compensations, and costs.

3. A person is considered involved if they have a real or registered personal right to a property in the reallocation area or claim such rights for a project in the public interest. Lien holders are excluded.

4. What must be established in the form of land use plans can only be included in the allocation plan with the consent of the competent authorities. Before the municipalities grant their approval, they submit the plans to the cantonal office for spatial planning for preliminary examination.

1. The reallocation should not alter the ratio of the values of the contributed and allocated land parcels. Deviations must be justified by overriding public interests.

2. A right to allocation is held by anyone who contributes sufficient land area for a viable plot. Until the end of the public display of the area boundary plan, participants who jointly contribute sufficient land area may also demand an allocation.

3. Where possible, similar land parcels should be allocated in the same or equivalent locations. The allocation of shared ownership in place of sole ownership is only possible with the consent of the entitled parties.

4. Surpluses or deficits in allocation must be compensated with money.

1. The ownership of buildings that do not need to be removed should remain as unchanged as possible due to the reallocation.

2. For buildings that must be removed due to the reallocation, building rights in favor of the reallocation association are established by the reallocation decision. The reallocation commission shall remove the buildings and delete the building rights from the land register as soon as the impediments have been removed.

1. Easements, land charges, pre-notations, and annotations may be terminated or transferred to the new properties and modified.

2. Mortgage rights are to be transferred or redeemed in accordance with Articles 802-804 of the Civil Code.

1. The allocation shall be based on the market value at the time of determining the boundary delimitation plan; for compensations, the market value at the commencement of the allocation plan's publication shall be decisive.

1. When allocation is based on area, contributed road and path surfaces are apportioned to the adjacent properties in proportion to their boundary lengths.

2. Roads and paths that delimit the reallocation area are attributed to it up to their midpoints.

3. Road and path surfaces serving the development of building land are attributed to the municipality that contributed them. Whether and to what extent the obligation to contribute is considered fulfilled for already developed properties is taken into account as a value difference of the contributed areas.

**1. Allocation by Value**

When allocation is made based on value, the roads and pathways included in the reallocation area are considered as values contributed by the public entity.

1. Insofar as the allocated common land area is greater than the allocation entitlement of the public corporation and the contributory areas of all properties, it is considered an over-allocation.

2. If the obligation to contribute is not fully met through the allocation of common land areas, the municipality may levy additional contributions.

1. The entitled parties may refuse the allocation of a plot of land until the end of the allocation plan's display period.

2. The reallocation commission shall auction off the refused plots of land. The entitled parties are entitled to the proceeds. They shall bear the auction costs. Further claims are excluded.

1. The allocation plan adjusted by the Land Consolidation Commission must be made available for inspection for at least 30 days.

2. The display of the plan must be personally notified to the parties involved, indicating the possibility of objection.

3. If road, path, or building lines are to be established, the display of the plan must also be publicly announced in accordance with the provisions on the planning procedure.

1. Against the allocation plan, the parties may file an objection with the Expropriation Commission during the publication period.

2. Those not entitled to object may suggest changes to the projected roads, paths, and building lines during the publication period.

3. The procedure is governed by the provisions of the Expropriation Act regarding the appraisal process.

4. The Expropriation Commission only examines projected roads, paths, or building lines to determine whether they impede the allocation of practical land plots. Objections and suggestions not directed against the proposed allocation are to be forwarded to the authority responsible for setting the lines.

5. Appeals against the judgments of the Expropriation Commission can be lodged with the Administrative Court. The Administrative Court also examines the appropriateness.

1. The authority that initiated the proceedings decides on the land reallocation and establishes the new boundaries as soon as the objection period has expired without action or enforceable decisions are in place. It may decide on the reallocation for individual parts of the reallocation area that cannot be affected by changes to the allocation plan.

2. The legal changes shall be entered in the land register ex officio once the reallocation decision has become legally binding.

1. The allocation may be subject to the condition that the properties must be put to a use corresponding to the purpose of the land-use plans within a reasonable period of time. The obligation to use the property must be noted in the land register.

2. With respect to properties allocated with this condition, the competent public community is entitled to a right of purchase, which takes precedence over the mortgage rights registered in the land register. It may be exercised within one year after the expiration of the period. Disputed claims shall be decided by the Expropriation Commission.

1. The costs of land reallocation shall be divided according to the criteria for the allocation of plots.

2. In reallocation procedures initiated in place of expropriation procedures, the public authority or enterprise entitled to expropriation shall bear the additional costs caused by its project.

3. The costs not covered by land value increases shall be borne by

a) the entity that requested the reallocation,

b) the canton or the municipality if the governing council or municipal council initiated the reallocation on its own initiative.

4. Cantons and municipalities may contribute to uncovered costs if the reallocation serves a significant public interest.

5. Costs that are not determined at the time of the presentation of the allocation plan shall be imposed on the parties involved by orders of the reallocation commission. An objection to these orders may be lodged with the authority that initiated the procedure.

1. The canton advances the costs of the land consolidations initiated by the Council of State, and the municipality advances those initiated by the Municipal Council.

2. The parties involved are entitled to provide advance payments for costs.

3. Anyone interested in the land consolidation may be required to provide advance payments for costs.

4. The advances bear interest at the usual rate.

1. The costs of appeal proceedings are imposed on the parties according to the general provisions.

2. The costs of contesting the allocation plan are charged to the parties by analogous application of the Swiss Civil Procedure Code (Civil Procedure Code, CPC), in disputes concerning compensation according to the Expropriation Act.

1. The costs of the redistribution are public-law charges imposed on the allocated parcels of land.

2. The charges also include default interest and enforcement costs.

3. In the event of a deferment or payment default, the liability of the land shall be noted in the land register. If such notation is absent, the payment obligation shall expire if the property changes hands after six months.

1. Any person who demonstrates an interest may demand the adjustment of property boundaries, provided it is necessary for the appropriate use of adjacent properties and does not result in unreasonable disadvantages for the parties involved.

2. Burdens and rights are to be transferred, modified, or redeemed according to the provisions applicable to land readjustments.

3. The office responsible for surveying or, in the case of properties in a rural municipality, the municipal council decides on the boundary regulation and determines the compensation.

4. The parties involved may file an appeal with the Expropriation Commission within 30 days of receiving the decision. The further procedure follows the provisions on challenging the allocation plan in the readjustment process.

1. The costs of boundary regulation shall be borne by the parties in proportion to their benefits.

2. The costs of proceedings before the Expropriation Commission and before the Administrative Court shall be imposed on the parties in accordance with the provisions on challenging the distribution plan in the reallocation procedure.

3. Properties are liable for costs and compensations in the same manner as for reallocation costs.

1. Property boundaries must not be altered in a manner that contravenes the purpose of the building regulations.

2. Specifically, the separation of parts of a property is prohibited if it results, on the remaining lot, in a reduction of the open space percentage required for new buildings or in exceeding the permissible gross floor area, unless such alterations pursue objectives compatible with the building regulations, such as the alignment of building depths within block margins.

3. Newly created parcels must have adequate access to the public road network for use consistent with zoning regulations. The competent department may grant exceptions to the access requirement under the conditions of § 80.

1. The municipalities are responsible for the development of their building zones through roads and sewerage systems, unless the canton constructs suitable facilities for this purpose.

2. They may transfer development tasks to the canton, other municipalities, or third parties through a contract.

3. The canton can oblige the municipalities to channel wastewater from out-of-canton areas. With the canton’s consent, the municipalities can obligate themselves to do so. The canton or the municipality that permits the connection is responsible for covering the costs.

1. The Canton ensures

a) the most important road connections between parts of the canton and with areas outside the canton (cantonal roads);

b) the water and energy supply facilities necessary for land development;

c) sewage systems serving exclusively the drainage of cantonal roads;

d) the treatment of wastewater discharged through the public sewage system.

2. The Canton can delegate development tasks to municipalities or third parties by contract.

1. The municipalities determine the timing of the development according to the rules of federal law.

2. They must proceed with the development without delay if the cost shares to be borne by them and the obligated contributors are advanced interest-free or secured.

3. Roads, facilities for energy and water supply, and sewer systems must not be operational later than the buildings and facilities they are intended to serve.

1. The department responsible for development decides on the construction of the facilities planned by the canton, while the municipal council decides on the construction of facilities planned by a rural municipality.

2. The construction decision identifies the properties from which rights are to be transferred or which are to be subject to development contributions. It orders the notation of the contribution obligation in the land register.

3. The construction decision may specify exceptions to the obligation to transfer, in order to preserve buildings, installations, and trees that only slightly protrude beyond the road line. It may also set the contributions.

4. The issuance of a construction decision can be omitted if no rights are to be acquired and no contributions are to be collected.

1. The decision shall be served to the assignees and those liable to contribute.

2. By appealing against the construction decision, no objections can be raised against usage plans. The obligation to contribute can only be contested if the decision sets the contributions.

1. The authority responsible for development decides on the execution of the cessions, regarding the conditions upon which it has agreed. In other cases, it initiates the appraisal procedure.

2. Cession resolutions can be replaced by contracts.

1. Advanced Cost Shares by the Municipality are Reimbursed at the End of the Year in which the Development was Scheduled in the Municipality's Program.

2. If the Timing of the Development was Not Determined, the Reimbursement Occurs Five Years After the End of the Year in which the Development Facilities were Completed.

3. Advanced Cost Shares from Liable Parties are Reimbursed at the End of the Year in which the Development Facilities were Completed.

1. Necessary signs, lighting installations, hydrants, clocks, anchorings, survey markers, and similar installations for the operation of public access facilities must be tolerated on the adjoining properties. Conflicting interests should be considered as much as possible. In the event of disagreement, the obligation to tolerate is determined by an order.

2. On roads and paths without drainage systems, the runoff of rainwater onto the adjoining properties must be tolerated.

3. Disputed compensation claims are adjudicated by the President of the Expropriation Commission. His decision can be appealed to the Administrative Court.

1. During snow and ice, public roads and pathways must be kept passable

a) to the extent necessary for traffic;

b) as far as it is technically and operationally feasible and economically viable.

2. The canton’s winter service is limited to keeping the lanes of the cantonal roads clear. The municipalities are obligated to remove snow and combat ice on the sidewalks of cantonal roads within the construction area. The removal of snow from the roadways and sidewalks is the responsibility of the municipalities. Municipalities can assign the snow removal and ice control on sidewalks to adjacent property owners through municipal regulations.

3. Hazards and contaminants on roads must be removed by whoever caused them.

4. If the public authority takes action, the responsible parties must reimburse the costs.

1. The construction and removal of sewer connection lines is the responsibility of those obligated to connect.

2. Only companies authorized for this purpose may be contracted to perform work on public land and public sewers.

3. Authorization is granted to companies that ensure the work is carried out according to the state of the art.

1. Maintenance and renewal of connection lines to sewers located on public property are the responsibility of the municipalities up to the first access point suitable for maintenance work on the property. This access point must be as close to the boundary as possible. If it is more than 3 meters behind the street line, the costs for the maintenance and renewal of the parts of the connection line located on private property are imposed on those obligated to connect.

2. Any damages not attributable to the age or permitted use of the pipes must be repaired by the responsible party who caused them.

3. Rural municipalities may enact different regulations.

1. The canton and municipalities levy contributions for the development through roads and sewage systems.

2. The canton levies a fee to cover its costs for the discharge of wastewater, wastewater treatment, and for the maintenance and renewal of sewer connection lines. With timely notification, it may also require municipalities to cover the cost share for the use of the sewer network of the city of Basel.

3. The rural municipalities may enact regulations deviating from this law regarding development contributions. They levy fees for the discharge of wastewater and for the maintenance and renewal of sewer connection lines.

4. Fees may only be levied to cover costs that are not covered or should not be covered by contributions or other services.

1. Properties subject to the contribution obligation are those that are accessed by a public road or sewer system in accordance with this law.

2. The contribution obligation arises

a) upon the construction resolution;

b) upon subsequent enlargement of the areas relevant for the contribution calculation.

3. ...

1. The street contribution corresponds to the costs of a street area equivalent to one-tenth of the relevant property area and the relevant floor area.

2. The portion related to land acquisition is determined by the average costs at the time the obligation to contribute arises. Deductions for land allocations for property development in the reallocation process are credited. Additional costs due to the use of areas to be ceded, deductions for special benefits, and compensations for further disadvantages are disregarded. If the compensations to be paid significantly deviate from the assumptions of the construction resolution, the contributions must be reassessed.

3. Construction costs are calculated using the costs of a 10-meter-wide street with sidewalks on both sides. They can be calculated on a case-by-case basis or determined by regulation.

4. The authority responsible for issuing the construction resolution may make a particular expansion or specific equipment of a street contingent upon the additional costs being fully or partially covered by voluntary contributions. It may demand security for this purpose.

1. The sewage contribution per square meter of the relevant plot area corresponds to the construction costs of a sewer with a diameter of 80 cm, which on average corresponds to a distance of 2 cm. The costs of the earthworks are not taken into account.

2. The costs can be calculated on a case-by-case basis or determined by regulation.

1. The following are not included in the relevant property area

1. Areas that cannot be connected to the new facility;

2. Property parts located more than 60 meters behind the building line;

3. Property parts belonging to green area zones and the green zone;

4. Property parts outside the building zone;

5. Property parts designated for transfer for a project in the public interest that are not subject to contribution obligations.

2. Property parts located between 30 and 60 meters behind the building line are counted at half value.

3. For constructions outside building zones, in green area zones, and in the green zone, twice the ground area of the building is considered as the property area.

4. For sewage systems on properties, the distance to the nearest permissible connection point is decisive for determining the creditable property parts if it is less than the distance to the building line.

1. The relevant gross floor area is determined by the utilization coefficients.

2. In Zone 7, a utilization coefficient of 2.0 is applied, in Zone 6 a coefficient of 2.5, and in Zone 5 a coefficient of 2.2 is used.

3. If no utilization coefficient is specified or if the zoning classification for building use is not applicable, the utilization coefficient of the zone that most closely corresponds to the permitted development is used.

1. The Contributions are Established

a) by the construction resolution,

b) by the decision to enlarge the areas relevant for the contribution calculation, or

c) by special provisions.

1. The payment of contributions may be demanded no earlier than 30 days before the date when the municipality, in turn, is obligated to make its payment.

2. If the expenditures do not occur simultaneously, multiple payment dates for contributions may also be established.

3. In the event of a subsequent increase in the areas relevant for contribution calculation, payment may be demanded as soon as the obligation to contribute arises.

4. If a property cannot be developed according to the land use plans due to a lack of building readiness, the contributions shall only be imposed after the removal of the impediment.

1. Early payments may qualify for deductions (discounts).

2. Late payments shall bear interest from their due date at the same rate as tax liabilities with the canton.

3. If the properties are not sufficiently developed to be built upon according to the usage plans six months after the complete fulfillment of the contribution obligation, the contribution payments shall accrue interest during the additionally required time at the same rate as early paid cantonal taxes.

1. Development charges are public-law encumbrances that take precedence over charges registered in the land register.

2. The encumbrances also include default interest and enforcement costs.

3. If the obligation to pay the charge is not established by the construction decision, the notation of the encumbrances in the land register may be ordered by decree. In the absence of such notation, the obligation to pay the charge expires if the property changes hands after six months.

1. Calculation of the Sewage Fee

The sewage fee is calculated based on water usage and extractions, as well as the quantities of stormwater drained through public sewage systems. The fees for stormwater drainage are determined according to empirical values. The sewage fee is not payable

a) for water usage and extractions that are not discharged through public sewage systems, provided their extent is proven;

b) for the disposal of water extracted on the order of the competent authority to prevent or remedy water pollution, as long as the responsible parties have not themselves caused the danger or damage and cannot pass on their costs;

c) for the disposal of unused spring water, when discharge into public sewage systems is permitted.

1. Unless otherwise specified in the regulation, the assessment, objection, and appeal procedures, as well as the payment deadlines and the consequences of late payment, shall be governed by the provisions concerning public water supply and the use of public river and groundwater.

1. The canton shall reimburse the municipalities for costs incurred due to the obligation to receive wastewater from other municipalities and convey it to the central wastewater treatment facility.

1. Jurisdiction and procedure for the amendment or repeal of regulations or plans enacted under old law shall be governed by new law. Special construction regulations and regulations regarding the design of facades and roofs enacted under old law shall be subject to the regulations of development plans.

2. The ordinance concerning building regulations for the area "Im Schlipf" in Riehen dated January 15, 1963, and the decision of the governing council regarding the enactment of special building regulations for the area "In den Weilmatten" and "In den Mühlematten" in Riehen dated February 4, 1958, shall remain effective as development plans of the municipality of Riehen.

3. Until zoning plans are adapted to the new zoning regulations of areas for recreational uses, the zoning regulations of the new law shall apply to green spaces, agricultural areas, and other areas within the green zone established under old law: Section 40b applies to green spaces, Section 41 applies to agricultural areas, and Section 40a of this law applies to other areas in the green zone.

1. Pending first-instance proceedings are subject to the new law upon the commencement of new regulations.

2. Appeal proceedings are subject to the law that governed the first-instance decision.

3. Pending planning procedures remain subject to the old law insofar as they have already been conducted.

4. For ongoing statutory deadlines, the law under which they last longer applies.

5. Divergent transitional provisions remain reserved.

6. § 73 paragraph 4 applies to new constructions for which an application is submitted after the commencement of § 73 paragraph 4.

7. Building applications pending at the time of the commencement of § 74 paragraphs 2 - 4 shall be assessed in deviation from paragraph 1 under the previous law.

1. As long as zoning plans do not determine otherwise, the permissible types of structural use are governed by old law.

2. Unless the municipalities decide otherwise, the special provisions of the appendix to the Building Law of May 11, 1939, concerning building groups and building distances in areas with purple hatching of Zone 2a (§ 16 No. 1 Para. 2 and § 20 Nos. 2 and 3) shall remain in effect for five years after the zoning regulations of this law come into force.

1. Provisional Roads and Equally Designated Common Paths (§ 78 of the Law of January 14, 1937, on the Construction and Correction of Roads) shall be definitively constructed in accordance with this law,

a) at the time of completion of new buildings that require legal access;

b) when they are built up to three-quarters in accordance with the building regulations. Properties and parts of properties not intended for development are not included in the calculation.

1. For the portions of construction costs for municipal wastewater facilities that the canton is obliged to cover, which are either completed or under construction at the time this law comes into force, the old law remains applicable (§ 6 of the Law of March 28, 1912, concerning the sewerage in the cantonal area).

1. If the obligation to pay contributions arose before the building contribution law of this Act came into force, the old law remains applicable. Additional contributions for corrections that permit a greater building height will no longer be collected.

2. Contributions will only be collected for road corrections if the existing road lacks a solid substructure or if it opens up properties and parts of properties that were not previously liable for contributions.

3. Contributions paid in advance for corrections that were neither decided upon nor resulted from voluntary cessions at the time the building contribution law of this Act came into force may be reclaimed. The refund must be requested within five years after the building contribution law of this Act comes into force.

4. If a property is opened up by an additional road, the contribution is set as if the contributions for existing roads had been calculated under this Act.

5. When the size of the property or the floor area is increased, contributions paid under the old law will be credited to the extent that they paid for a larger road area than would fall on the property under this Act. The paid area is equated with the road area in front of the property up to the center of the road existing at the time the building contribution law of this Act came into force. It is determined by the length of the property boundary and half the road width.

6. Liability notes for contributions that can no longer be collected will be deleted from the land register ex officio.

1. Contributions for sewerage systems, the construction of which began before the entry into force of the development contribution law of this Act, shall become due under the old law. Their amount is determined according to the law more favorable to the obligated parties if the obligation to contribute arises or is fulfilled early within three years after this time.

2. If a property is connected by an additional sewerage system, the contribution shall be determined as if the contributions made for existing sewerage systems had been calculated according to this Act. Contributions not yet made for previously constructed sewerage systems shall be correspondingly reduced upon their collection.

3. In the event of an enlargement of the land area, contributions made under the old law shall be credited to the extent that a longer stretch of the sewerage system has been paid for than would be allocated to the property under this Act. The paid segment shall be equated with the length of the property's boundary with public land. In Bettingen, 2% of the insured value of buildings connected to the sewerage system under the old law shall be credited toward the applicable costs of the sewerage segment, which would be financed by contributions under this Act.

1. For the rural municipalities, the provisions of this law regarding development contributions shall come into effect five years after their enactment.

2. The municipalities may shorten this period. The right to issue their own contribution regulations is reserved.

1. The amendment of the zoning regulations under the Building Law of May 11, 1939, by this Act does not establish any tax obligation.

1. The following enactments are repealed

1. Building Construction Law of May 11, 1939, with Appendix;

2. Ordinance concerning the Determination of Gross Floor Area according to the Building Construction Law of December 13, 1977;

3. Decree of the Government Council regarding the Applicability of the Provisions of § 147 of the Building Construction Law for Measuring Wall Heights on Heaps and Embankments of December 5, 1958;

4. Ordinance concerning Minimum Wall Thicknesses in the Canton of Basel-Stadt of August 20, 1968;

5. Ordinance concerning Regulations on the Use of High-Quality and Special Brick Masonry in the Canton of Basel-Stadt of August 20, 1968;

6. Law on Land Use Measures of November 20, 1969;

7. Law on the Creation and Correction of Roads of January 14, 1937;

8. Ordinance to the Law on the Creation and Correction of Roads of May 23, 1950;

9. Ordinance concerning the Protection of Public Land from Overhanging Tree Branches of May 21, 1940;

10. Resolution of the Grand Council concerning Street Cleaning and Waste Collection in the City of November 9, 1891;

11. Sewerage Law for the City of Basel of June 6, 1935;

12. Law concerning Sewerage in the Cantonal Area of March 28, 1912;

13. Ordinance concerning the Concession for Household Drainage Systems in the Area of the Canton of Basel-Stadt of July 10, 1936;

14. Law concerning Wastewater Treatment of June 25, 1975.