CH-BS
Act concerning the Building Appeals Commission (BRKG) (BRKG)
Table of Provisions (8)
Statutory Text (8 Articles)
1. Appeals against orders in building matters and against orders for which the coordination duty under the Federal Act on Spatial Planning is applicable shall be assessed by the Building Appeals Commission.
2. It also assesses appeals against other orders, insofar as it is appointed to do so by special regulation.
1. The Executive Council elects five members and four substitute members of the Building Appeals Commission for a term of office of six years. From the regular members, it elects the President and the Vice President.
2. Members of the Building Appeals Commission may neither belong to the Grand Council, the Executive Council, nor the cantonal administration. The eligibility requirements are governed mutatis mutandis by the provisions of §§ 12 and 13 of the Law concerning the Organization of Courts and the Prosecutor's Office (Court Organization Act, GOG) of June 3, 2015.
3. The Building Appeals Commission is expanded with experts as necessary, whose professional specialization and number is determined by the Executive Council. § 2 paragraphs 1 and 2 apply mutatis mutandis.
1. The Construction Appeals Commission is independent of directives in its judicial activities.
2. It independently appoints its legal and administrative staff.
3. It organizes its procedure in regulations, which must be submitted to the Government Council for approval.
1. The Construction Appeal Commission usually makes its decisions with a panel of five members. It has a quorum with the presence of four members.
2. In cases of obviously inadmissible, dismissible, or well-founded appeals, the President may make the decision. Such decisions become legally binding if no party requests a decision from the Construction Appeal Commission within 10 days.
1. Third parties may file an appeal against building permits, provided they have participated in the objection procedure as a party.
2. The Building Appeal Commission reviews the appeal comprehensively in terms of facts and legal aspects.
3. The appeal to the Building Appeal Commission has a suspensive effect unless this effect is explicitly withdrawn.
4. The procedure shall otherwise be governed mutatis mutandis by the Administrative Jurisdiction Act and the Court Fees Act.
1. Decisions of the Building Appeals Commission are subject to appeal to the Administrative Court.
1. Repeal and Amendment of Other Enactments
1. The Act of April 22, 1976, concerning the Building Appeal Commission is hereby repealed.
1. This law is applicable to all appeals that are pending at the time this law comes into force. For first instance proceedings that were initiated before the entry into force of this law, the previous law shall be decisive.