Spatial Planning Act for the Canton of Graubünden (KRG) - Subject Matter (KRG)

1. The law regulates spatial planning within the territory of the Canton of Graubünden. It specifies the tasks to be fulfilled by the municipalities, the regions, and the canton.

2. The law establishes cantonal construction and zoning regulations. It governs the procedures determined by cantonal law.

1. Municipalities, regions, and the canton ensure planning in accordance with spatial planning legislation. They also consider spatial planning concerns in their other activities.

2. Municipalities, regions, and the canton fulfill their tasks in mutual agreement and coordinate their principles, planning, and activities impacting space with each other and with the principles, concepts, and sectoral planning of the federal government, as well as the planning of neighboring cantons and countries.

1. Municipal planning is the responsibility of the municipalities. They fulfill this responsibility autonomously within the framework of higher-ranking law.

2. Regional planning is typically the responsibility of the regions and the canton.

3. The government oversees spatial planning. It designates the competent department (department) and the specialized office for spatial planning (specialized office).

1. Authorities shall appropriately inform the public about the foundations, objectives, and procedures of planning and ensure that interested parties can participate in planning in a suitable manner.

2. Planning entities may conclude agreements with private parties, particularly concerning the timeline of planning processes, the desired quality of settlements, and the timing of the execution of construction projects. If agreements pertain to subjects that are part of the mandatory content of a plan, they are subject to the decisions of the authorities responsible for enacting and approving the plan.

1. For the procedures specified in this law and the regulation regarding planning, construction projects, land reallocation, and the collection of development fees, only cantonal law applies, unless the municipalities and regions are expressly authorized or obliged to enact different or supplementary own procedural provisions or to regulate certain procedures themselves.

2. The competent authorities process applications within the deadlines set by this law or the regulation, unless otherwise agreed. The deadlines commence as soon as the applications are formally correct and complete, unless otherwise specified.

3. If a deadline cannot be met in exceptional cases, the competent authority shall inform the concerned parties of the delay before the deadline expires, providing a brief justification and announcing a new deadline for completion.

1. The objection and legal remedies authorities may suspend pending proceedings in favor of mediation at any time if the parties jointly request it. The government regulates the details by ordinance.

2. Concessions made by a party during mediation may not be introduced into the proceedings and do not constitute evidence. Anyone who has acted as a mediator is excluded from serving as a legal representative, witness, or informant for the mediation parties in the process.

1. Planning authorities procure the necessary foundations for their planning. They coordinate the procurement of these foundations with one another and ensure their exchange. Details are regulated by the government through ordinance.

2. The planning authorities observe and analyze the spatial development and base their planning on it. The department provides the federal office with the necessary information.

3. The cantonal departments cooperate and ensure the required internal coordination of the foundations within the canton.

4. The foundations are public and can be inspected by anyone. Their legal effect is governed by the relevant legislation.

1. Fundamentals and planning instruments are created and managed digitally.

2. Plans are graphical extracts created from digital data. Unless the government determines otherwise, only the graphical extract has legal effect.

3. Spatial planning data is exchanged mutually by the planning authorities and departments.

1. The department and the specialist agency may, within the scope of their jurisdiction, take supportive measures to ensure sustainable spatial development and to implement spatial planning law.

2. The department and the specialist agency may support municipalities' efforts to establish joint construction offices and specialist committees with an advisory function in construction and planning matters.

1. The canton may, within the scope of available resources, grant contributions to municipalities and regions, as well as to organizations, institutions, and other project sponsors for

1. * Fundamentals and planning, except for municipal land use planning;

2. Projects such as concepts, investigations, studies, mission statements, analyses that serve the sustainable spatial development of the canton, regions, agglomerations, and municipalities, the improvement of cooperation, mutual information and basic knowledge, the education and further training of persons with spatial planning tasks, or implementation;

3. Competitions, implementation aids.

2. The canton may also provide operating grants to organizations and expert committees that are particularly and regularly engaged in advisory and informational activities in the field of spatial planning.

3. The granting of contributions particularly requires that the work is in the cantonal interest and is executed under expert supervision.

4. Contributions shall be graded according to spatial planning and economic significance and shall not exceed a maximum of 50 percent of the eligible costs.

1. Contributions are assured by the government based on work programs and cost estimates. The government may delegate this authority to the department and the specialized office.

2. The assurance is typically provided within the framework of performance agreements, which must include at least the objectives, the services of the contribution recipient and the specialized office, the time schedule, the eligible costs, as well as the modalities of accounting and disbursement of the contribution and the performance review.

3. In case of disputes regarding contributions as well as other disagreements arising from performance agreements, the government makes the decision. If the assurance is provided by the specialized office, the department decides.

4. Decisions of the department can be appealed to the government through an administrative complaint.

5. The government makes the final decision on the assurance or denial of contributions to which there is no legal entitlement.

1. The government periodically reports to the Grand Council on spatial planning and development.

1. The planning framework of Graubünden and its amendments are collaboratively developed by the canton and the regions.

1bis. The Grand Council establishes the cantonal spatial development strategy and its amendments.

2. The authority responsible for decisions on the enactment and amendments of the cantonal planning framework is the government. In doing so, it takes into account the resolutions of the Grand Council pursuant to paragraph 1bis. Updates are generally the responsibility of the department.

3. The government regulates the planning procedure by ordinance.

1. The government may, taking into account the interests of the municipalities, enact cantonal zoning plans for projects of particular cantonal significance, such as transportation, supply, and disposal facilities, as well as production and service enterprises, with the same legal effects as those that apply to municipal zoning plans. It shall revoke such zoning plans when the municipalities adequately incorporate the overriding concerns into their basic regulations.

2. The government may, upon request from the municipalities, also enact cantonal zoning plans for planning projects that span multiple municipalities if this serves to simplify the procedure.

3. The government shall regulate, by ordinance, the procedure for cantonal zoning plans.

4. For cantonal zoning plans governed by special legislation, the procedure shall be determined by the respective special legislation. Stipulations in municipal zoning plans regarding subjects reserved for cantonal zoning plans according to special legislation are merely considered as indicators.

1. If a cantonal land-use plan is initiated under this law, the department may, after consulting the municipality, establish a planning zone for the affected areas with the same effects as those applicable to municipal planning zones.

2. The planning zone may be established for a duration of two years and extended appropriately.

3. The department shall announce the establishment and extensions of the planning zone in the municipality's official publication organ and in the cantonal gazette. The planning zone comes into effect upon announcement.

1. Regional planning tasks are fulfilled by the regions. For tasks that extend beyond the regional territory, the regions strive for joint task fulfillment.

2. The regions ensure sustainable spatial development within their area. In particular, they perform tasks that are assigned to them based on spatial planning legislation and the cantonal structure plan, or that arise from regional and agglomeration policies or other spatially effective policy areas. They contribute to the implementation of the cantonal structure plan at the appropriate level.

1. The regions enact the regional structure plans required for the implementation of the cantonal structure plan as well as those prescribed by legislation. They may issue additional regional structure plans.

2. The body responsible for decisions regarding the enactment and amendments of regional structure plans is the Presidents' Conference (Regional Assembly). Revisions are generally also the responsibility of the Presidents' Conference.

3. The enactment and amendments of regional structure plans require approval by the government and become binding for the authorities of the canton, the region, and the participating municipalities upon approval. Revisions are generally approved by the department.

4. If structure plans or parts thereof are not likely to be approved, the region may request a conciliation hearing with the department. If no agreement is reached, the government decides.

5. The government regulates further details of the procedure by ordinance. The regions issue supplementary regulations.

1. The municipalities promote the implementation of their plans through an active land and building land policy adapted to local conditions.

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1. Municipalities shall establish the necessary framework conditions to ensure that building zones can be dedicated to their intended use in a timely manner.

2. These include, in particular

1. Subsequent planning (Art. 46 and Art. 51 ff.);

2. Infrastructure development (Art. 58 ff.);

3. Land consolidation (Art. 65 ff.);

4. Issuance of regulations for the temporary use of third-party land for construction site access, storage of materials and machinery, installation of ground anchors, or for similar purposes.

3. The legal assurance of the availability of building zones in accordance with federal law shall be carried out in accordance with Articles 19b to Article 19h.

1. Municipalities may agree with property owners that land allocated to building zones must be developed within a specified period of no more than ten years and that the municipality is granted a preemptive right to purchase in the event of non-compliance.

1. If not otherwise agreed contractually, properties newly designated as building zones following the legislative amendment coming into force on October 25, 2018, must be developed within a period of eight years from the finalization of the zoning designation.

2. Municipalities can shorten this period within the framework of their basic regulations or extend it to a maximum of ten years.

3. The obligation to develop is considered fulfilled if at least 80 percent of the maximum allowable usage is utilized within the period. In the case of developments involving industrial, commercial, or service enterprises, the municipal council may deem the construction obligation fulfilled for a period not exceeding ten years with a development level of at least 50 percent if there are compelling reasons for underutilization.

4. The commencement of construction is decisive for compliance with the development obligation period. The deadlines are suspended as long as the start of construction is delayed due to legal proceedings or other reasons for which the obligated party is not responsible.

1. If property owners do not fulfill their building obligation within the set deadline, the municipality may exercise a purchase right on the respective properties at market value according to official valuation through an administrative decision.

2. The following conditions must be met

1. There is a demonstrated demand for building plots;

2. A grace period of no more than two years has expired without being utilized;

3. There is a predominant public interest in acquiring the property;

4. The selection of properties to be acquired is made according to the objectives and principles of spatial planning.

3. The municipality ensures that acquired properties are allocated for development as quickly as possible. The provisions concerning the right of reclamation in the cantonal expropriation legislation apply accordingly.

4. The municipal council decides independently on the exercise of the purchase right and the subsequent resale of acquired properties. Resales must occur at the cost price to the municipality.

5. Municipalities may issue supplementary provisions.

1. The municipal council may order the removal of the property from the building zone for failure to fulfill the construction obligation, provided it is justified in terms of planning.

2. The removal shall occur without compensation, subject to any compensations according to Article 19t and Article 19u.

1. Municipalities may introduce additional measures in the building code for the event of non-fulfillment of building obligations, such as steering or substitute fees, increasing the value-added tax rates, and similar measures.

1. Municipalities may impose building obligations within the framework of fundamental zoning regulations even for existing building zones, provided that public interest justifies it, particularly in the following cases

1. for undeveloped or underutilized plots or parts of plots;

2. to mobilize usage reserves in existing buildings or on derelict sites.

2. The development period may not exceed eight years from its legally binding order.

3. The building obligation is considered fulfilled when at least 50 percent of the maximum permissible usage is realized within the deadline.

4. With respect to the compliance period, Article 19c, paragraph 4 applies.

5. If the building obligation is not fulfilled, Articles 19d to Article 19f shall apply mutatis mutandis.

1. The municipality may condition rezonings, reclassifications, or upzonings intended for the implementation of specific projects upon the requirement that construction work commences within a reasonable period determined by the municipality from the date the planning becomes legally binding, and that the construction is completed within a reasonable period also determined by the municipality.

2. The municipal council may extend the deadlines on a case-by-case basis by a maximum of half of the original deadlines. Deadlines are paused as long as delays in the commencement or completion of construction are due to reasons for which the obligor is not responsible.

3. If the deadlines are not met, the rezoning, reclassification, or upzoning, as well as all related further planning determinations, shall lapse by operation of law without compensation and without a land-use planning procedure. Any compensations pursuant to Article 19t and Article 19u are reserved. In case of disputes regarding compliance with the deadlines, the municipal council shall issue a decision to the affected parties.

4. In planning pursuant to paragraph 1, the municipality may require financial proof and securities, particularly to ensure the costs of restoring the original condition.

1. Property owners whose properties gain an added value as a result of a planning measure pursuant to Article 19j are required to pay a value-added levy.

2. The authority to levy the charge lies with the municipalities.

3. The obligation to pay the levy falls upon the property owners at the time the planning measure comes into force. Multiple property owners are jointly and severally liable.

4. For properties encumbered with building rights at the time the planning comes into effect, the obligation to pay falls to

1. the holder of the building rights, if they develop the property or sell the building right;

2. the property owner, if they sell the property.

5. No levy is imposed for planning measures whose purpose is directly to fulfill a public legal duty.

6. Value increments of less than 20,000 Swiss Francs per property are exempt from the obligation to pay the levy. In cases where property subdivisions occur during the planning process, the exemption threshold applies to the original property.

1. The levy is applicable to value increases from the reclassification of land from a non-building zone to a building zone under this law (rezoning).

2. The municipalities may provide for additional taxable events in the construction law and may increase or decrease the exemption threshold according to Article 19i paragraph 6 for these.

3. If the municipalities provide for the allocation of land to an extraction, storage, or landfill zone as an additional taxable event in the construction law, they may contractually agree on appropriate monetary or in-kind contributions with the landowners.

1. The effective date for the imposition of the levy and the assessment of the added value is the date of the enactment of the planning measure.

2. The added value corresponds to the difference between the market value of the property without and with the planning measure. It is to be determined using recognized methods. For this purpose, the assessment authority obtains an appraisal report from the Office of Property Valuation.

3. The costs of the appraisal shall be borne by the municipality.

1. The rate of the value-added levy for zoning amendments amounts to 30 percent of the added value.

2. The municipalities may increase the levy rate according to paragraph 1 up to a maximum of 50 percent in the building regulations.

3. The municipalities may decrease the levy rate according to paragraph 1 to 20 percent with regard to zoning amendments for uses of particular public interest in the building regulations.

4. The municipalities shall determine the levy rate for additional taxable circumstances.

1. The municipal council assesses the value-added levy against the liable parties directly after the planning measure becomes legally binding, while hearing the affected parties beforehand. The Canton has the right to appeal.

2. The approval of the planning measure is contingent upon the levy being assessed.

3. The levy will be adjusted for inflation until it becomes due. This is determined according to the national consumer price index.

4. For agreements pursuant to Article 19j paragraph 3, as well as for agreements in connection with planning undertaken by municipalities before the entry into force of the amendment to the law on October 25, 2018, the assessment and collection of the levy will be carried out in accordance with the agreement.

1. The levy becomes due upon the development or sale of the property.

2. In the case of development, the due date occurs upon the finalization of the building permit.

3. For the sale, Article 42 of the Tax Law applies mutatis mutandis. The granting of a building right is also considered a sale. Changes of ownership through inheritance (succession, partition of an estate, bequest), advancement, matrimonial property settlement, or gift do not constitute a sale. In such cases, the obligation to pay the levy is transferred to the legal successors, who are jointly and severally liable for the excess value levy up to the value of the received portion of the property.

4. When a part of the property is sold, the levy becomes due proportionally. When a part of the property is developed, the levy becomes due for the entire property. In the case of phased construction projects, the levy becomes due in relation to the value share of the released phases.

1. The municipal board issues the charge to the liable parties immediately upon the due date. In cases of uncertainty regarding the due date, it issues a ruling after consulting with the affected parties.

2. The charge must be paid to the municipality within 60 days from the date of invoicing or the finalization of the ruling.

1. For the management of the value-added levy, the canton and municipalities shall each establish a special financing in accordance with the provisions of the cantonal financial budget legislation.

2. The revenues from value-added levies on zoning changes, calculated based on the cantonal minimum levy rate as per Article 19l, Paragraph 1, shall be allocated 75 percent to the cantonal special financing for value-added equalization (cantonal fund) and 25 percent to the municipal special financing for value-added equalization (municipal fund). All other revenues shall be fully allocated to the municipal fund.

3. The allocation of revenues to the cantonal fund shall continue until the purpose of the fund, as stated in Article 19q, Paragraph 1, is fulfilled and any possible fund debt is settled. Thereafter, all revenues shall be exclusively allocated to the respective municipal funds.

4. The competent authority shall invoice the municipality for the cantonal share immediately upon the due date of the value-added levy.

5. Fund balances shall be interest-bearing in line with market conditions.

1. The funds in the cantonal fund are to be used exclusively for the financing of the costs of de-zoning by the municipalities, minus any current or future land value increment levy revenues which, pursuant to Article 19p paragraph 2, flow into the municipal fund.

2. The de-zoning costs must pertain to de-zoning plans whose main purpose is the reduction of oversized zoning areas.

3. The de-zoning costs include

1. Payments by the municipalities pursuant to Articles 19s to 19t;

2. Payments by the municipalities due to any settlements they reach with landowners, with the approval of the department, in connection with claims for compensation due to material expropriation pursuant to Article 98;

3. Legal and procedural costs, insofar as these are incurred by the municipalities in connection with defending against unjustified claims for compensation and remuneration.

4. Insofar as the cantonal fund temporarily lacks sufficient resources to fulfill its intended purpose, advances from general cantonal state funds are provided up to a fund debt of a maximum of 80 million Swiss Francs.

5. The fund shall be dissolved by a decision of the government once its intended purpose pursuant to Article 19q paragraph 1 is fulfilled and any fund debt is repaid. Any remaining fund assets shall be distributed proportionally among those municipalities that have transferred land value increment levy revenues to the cantonal fund.

1. The funds in the municipal fund are to be used

1. primarily for the costs of rezoning according to Article 19q paragraph 3 and Article 19u;

2. secondarily for administrative costs related to the assessment and collection of the value-added levy;

3. thirdly for spatial planning measures according to Article 3 of the Federal Act on Spatial Planning.

2. The municipalities may stipulate additional purposes in the building law, provided they ensure that the purposes outlined in paragraph 1 are not jeopardized.

1. Planning disadvantages are only compensated if they constitute a material expropriation under Article 98.

2. In the case of planning disadvantages due to rezoning plans, where the primary purpose is the reduction of oversized construction zones, compensation claims expire within two years from the date the planning becomes legally binding.

1. In cases of rezoning where the primary purpose is to reduce oversized construction zones, affected parties are entitled to reimbursement from the municipality for proven expenses related to developments pursuant to Article 60 et seq., provided that the development was completed within the 15 years preceding the enactment of the legislative amendment dated October 25, 2018.

2. The reimbursement is determined by the municipal council through an official decision, upon application.

3. Reimbursement claims exist only if the rezoning does not constitute a material expropriation. They expire two years from the date the planning becomes legally binding.

1. Property owners are entitled to a refund of additional value payments from the municipality if the planning measure is reversed.

2. Claims for refunds expire two years after the planning decision becomes legally binding.

**1. If a municipality wishes to claim de-zoning costs from the cantonal fund pursuant to Article 19q, the following conditions must be met:**

1. The municipality must submit a corresponding application to the competent office;

2. The de-zoning costs must relate to plans submitted by the municipalities to the government for approval by December 31, 2035. The government may extend this deadline by up to two years for valid reasons. For plans submitted after December 31, 2035, or an extended deadline, the municipality's funding entitlement is reduced by 20 percent annually;

3. If the application concerns compensation due to material expropriation, the final decision of the competent expropriation commission or any settlement approved by the department between the municipality and the property owners regarding compensation for material expropriation must be available;

4. If the application concerns the reimbursement of proven development expenses, a legally binding reimbursement order from the municipal council must be available.

**2. Applications must be submitted within 60 days of the final decision of the expropriation commission or the approval of a settlement, or from the issuance of the legally binding reimbursement order from the municipal council.**

**3. If municipalities' funding applications cannot be temporarily satisfied, the outstanding amount will be paid to them later.**

**4. The competent office is responsible for disbursements.**

**5. Payments from the cantonal fund may be refused, reduced, or reclaimed after consulting with the municipality if the municipality contributed to the de-zoning costs through its own misconduct. In cases of dispute, the department shall decide.**

1. Municipal law may authorize other authorities to execute Articles 19 to 19v in place of the municipal council.

2. The municipal council directs the land registry to note the following facts in the land register

1. contractual building obligations and purchase rights according to Article 19b, immediately after the conclusion of the contract;

2. statutory building obligations according to Article 19c, immediately after the enforcement of the zoning;

3. grace periods according to Article 19d paragraph 2 number 2;

4. statutory building obligations according to Article 19g, immediately after the enforcement of the building obligation;

5. the development deadline in the case of temporary zoning according to Article 19h, immediately after the enforcement of the planning;

6. the obligation to pay the added value tax including the amount of the levy according to Article 19m, immediately after the enforcement of the assessment decision.

3. The municipal council further directs the land registry immediately after the enforcement of the assessment decision to enter the statutory lien according to Article 131 paragraph 1 number 3 of the Introductory Act to the Swiss Civil Code into the land register.

1. Municipalities may enact municipal structure plans. These plans determine their intended spatial development concerning usage, design, access, and amenities. They demonstrate how the spatial activities of the municipality are coordinated with those of neighboring municipalities, the region, and the canton.

2. Municipalities regulate the authority and procedures for the enactment of municipal structure plans. They conduct a participatory process.

3. Municipal structure plans are brought to the attention of the government and are binding for municipal bodies tasked with planning duties. They are public and can be accessed by anyone.

4. The intended spatial development can also be set down in guidelines and similar documents.

1. If the adoption or amendment of the master plan or a neighborhood plan is initiated, the municipal council may establish a planning zone for the affected areas.

2. Within the planning zone, no activities shall be undertaken that could hinder or contradict the new planning. In particular, construction projects may only be approved if they do not conflict with the legally binding or the proposed new plans and regulations.

3. The planning zone can be established for a duration of two years and may be appropriately extended with the consent of the department.

4. The municipality announces the establishment and extensions of the planning zone in the official publication organ of the municipality and in the canton’s official gazette. The planning zone comes into effect upon announcement.

1. The municipalities enact the basic ordinance. This determines the usage as well as the basic principles of the development and access of the municipal area. It is binding for everyone.

2. The basic ordinance consists of the Building Law, the Zoning Plan, the General Development Plan, and the General Access Plan. An area plan may be enacted for specific sections. Instead of a General Development Plan, municipalities may issue design regulations in the Building Law.

3. The basic ordinance takes into account the guidelines and provisions of superior laws. Within the scope of their jurisdiction, municipalities may establish stricter provisions insofar as local conditions require and the overarching regulation does not oppose it.

4. The costs for the preparation and enactment of the basic ordinance are generally borne by the municipalities. In project-based planning, municipalities may pass on the planning costs partially or entirely to those persons who derive particular benefits from the planning.

1. The authority granted to the canton by federal legislation on secondary residences to enact regulations that impose stricter limitations on the construction, modification, or use of residences than federal legislation is transferred to the municipalities, provided the canton does not legislate itself.

1. If a municipality's basic regulations do not meet the requirements of superior law, the government shall require the municipality to remedy the deficiencies within a reasonable period of time.

2. If the municipality does not comply with this request, the government shall issue an appropriate replacement regulation on behalf of and at the expense of the municipality. The procedures applicable to the issuance of cantonal land use plans shall apply correspondingly. The department may establish a cantonal planning zone for the affected areas.

3. If the municipality subsequently enacts a basic regulation that meets legal requirements, the replacement regulation shall become void upon approval of the amended basic regulation.

1. The Building Act contains at least the building regulations, zoning regulations, and other provisions required under cantonal law.

2. The building regulations address local needs, in particular

1. the requirements for buildings and facilities concerning execution, operation, and maintenance;

2. the design and preservation of buildings and facilities as well as outdoor spaces;

3. the establishment of communal facilities such as playgrounds, green spaces, parking facilities, communal antennas, and energy supply facilities;

4. the provision of parking spaces for motor vehicles and bicycles;

5. the use of public land and airspace by private parties as well as the requisitioning of private properties for public purposes;

6. the requirements for traffic, supply, and disposal facilities;

7. the requirements for special construction projects.

3. The zoning regulations determine the purpose of the zone, the permissible type of use, and, for building zones, additionally the standard method of construction.

1. Standard Construction Methods shall include at least the extent of use, the building method (closed or open construction), as well as the boundary and building setbacks.

2. The extent of use is determined by building dimensions and utilization ratios. For areas where site planning is carried out as subsequent planning, guidelines or frameworks for building dimensions and utilization ratios can be established.

3. Utilization ratios may be waived if the extent of use is sufficiently determined in the basic regulations by building dimensions or other planning measures.

4. Municipalities may provide for deviations from standard construction methods within the framework of neighborhood plans and site plans. The conditions and scope of deviations must be specified in the building code.

5. The government shall enact regulations by ordinance concerning the terms and measurement methods of standard construction methods.

1. The zoning plan divides the municipality's territory into different utilization zones. The basic utilization zones generally determine the permissible use of land. The zones of overlapping use contain supplementary usage regulations.

2. The municipalities designate building zones, agricultural zones, protection zones, and other zones in accordance with local needs.

3. In the zones described in this law, only the cantonal regulations apply, unless the municipalities are expressly authorized or obliged to enact differing or supplementary provisions. If the municipalities designate building, protection, or other zones that are not described in this law, they shall issue the necessary zoning regulations themselves.

4. In the zoning plan, areas may be designated where a subsequent planning (site planning, neighborhood planning) is to be conducted. The establishment of subsequent planning has the effect of a planning zone on the affected area. The subsequent planning is initiated ex officio or upon request by the affected parties.

1. Building zones can be subdivided into core zones, center zones, village zones, residential zones, zones for production and service businesses, mixed zones for living and working, zones for public buildings and facilities, zones for tourist facilities, zones for green spaces, zones for sports and recreational facilities, hotel zones, preservation zones. Municipalities can establish further types of building zones.

2. Development areas within or at the edge of building zones are considered building zones.

3. In mixed zones, usage shares can be specified for the various uses. Additionally, in all building zones, areas or portions of areas can be allocated for uses serving public or public-interest purposes.

4. ...

1. Zones for public buildings and facilities are designated for buildings and facilities that serve public or public interests. Subordinate private uses are permissible if they are structurally connected with buildings consistent with the zone.

2. Existing buildings and facilities that conflict with the purpose of the zone may only be maintained.

3. The zone can be divided into a zone for public buildings and a zone for public facilities.

1. Zones for tourist facilities are designated for tourist buildings and installations such as sports and recreational facilities, dining and sales establishments, as well as service stations at the locations of valley, mid-level, and mountain stations of tourist transport installations. Housing for operational staff is permitted.

2. For remote zones, municipalities may issue special regulations concerning access.

1. Zones for green spaces serve the preservation and creation of open spaces for the structuring of construction within or at the edge of building zones.

2. Buildings and facilities must not contradict the purpose of the zone.

1. Preservation Zones serve the purpose of preserving small settlements that are of landscape and cultural-historical value. Buildings and structures must be maintained in their original character and substance. The surroundings should remain in their typical landscape condition. New constructions are not permitted. All construction projects are subject to design consultation. Improvements of a design nature are permissible.

2. Buildings that are still usable according to their intended purpose at the time of a building application submission and are not designated as integral protection or agriculturally necessary in the zoning plan or general design plan may be remodeled and have their use changed within the existing volume. The basic structural framework, external appearance, and original character of the building must be preserved in their essential features. Disruptive prior interventions must be removed. Minor extensions may be approved in the interest of preserving historical building substance.

3. Reconstruction after destruction is permitted. Municipalities may declare reconstruction after demolition permissible in the building code as well. Building permits for reconstructions may only be granted if

1. the previous structure was still usable according to its intended purpose;

2. the replacement structure substantially corresponds in terms of location, size, form, position, design, construction, and material to the original structure;

3. the application for rebuilding is submitted within three years of destruction or along with the demolition application.

4. Transportation, supply, and disposal facilities, as well as solar systems with an absorber surface of more than 1 m2, are only permitted according to the guidelines of the General Development Plan and the General Design Plan. Connection costs must be fully borne by the property owners. Water inlets into buildings and water tanks are only permissible if lawful wastewater treatment is guaranteed.

5. The General Design Plan may contain supplementary provisions in accordance with local conditions.

1. The municipalities designate the agricultural zones in accordance with the provisions of federal law. They duly take into account the various functions of the agricultural zones.

2. The assessment of zonal compliance of structures and facilities in the agricultural zone is governed by federal law. Subject to this are a more stringent definition of zonal compliance within the scope of paragraph 1 and the regulations issued by the government concerning agricultural living spaces.

3. Structures and facilities that exceed internal expansion as defined by federal law may be approved as zonal compliant in zones designated by the municipalities for soil-independent production.

1. Nature conservation zones comprise natural habitats (biotopes) or communities of life and other natural locations characterized by exceptional species diversity or the presence of rare species, as well as valuable geological or paleontological formations (geotopes).

2. New constructions and installations, as well as interventions such as drainage, irrigation, and fertilization, are not permitted. Exceptions are installations included in a General Development Plan, which have been legally approved following the enactment of the legislative amendment dated October 25, 2018. Existing buildings and installations may only be renovated. Structural interventions for renaturation or revitalization, as well as adapted agricultural use as part of maintenance measures, are permissible. Further or divergent provisions according to nature and heritage protection legislation, as well as in management contracts, remain reserved.

1. Landscape protection zones encompass landscapes of particular beauty and distinctiveness or with ecological functions.

2. New constructions and facilities are not permitted. Exceptions include interventions for revitalization or enhancement, underground utilities, agricultural and forestry buildings and facilities, provided their construction outside the landscape protection zone is unreasonable; facilities included in a general development plan or land use plan, in accordance with special legislation, which have been legally approved after the enactment of the legal amendment on October 25, 2018; as well as high-altitude mountain accommodations.

3. Existing buildings and facilities may be renewed, partially altered, and moderately expanded within the framework of federal law, provided the character of the building and the landscape is preserved. Reconstruction after destruction, non-agricultural residential uses in agricultural residential buildings, and the complete change of purpose of buildings and facilities recognized as worthy of protection can be approved within the framework of federal law.

4. The municipalities designate the exact boundaries of moorland areas of particular beauty and national importance within the landscape protection zones. If necessary, they establish the specific protection objectives for the moorland areas and the required protection and maintenance measures in a regulation, which forms part of the basic order. Otherwise, only the provisions of federal law apply to the moorland areas.

1. Open space zones include areas that must be kept clear to protect the local and landscape scenery, as well as viewpoints, and to structure settlement areas.

2. Buildings and installations must not contradict the purpose of the zone.

1. Archaeological Zones comprise areas where there is a high likelihood of archaeological findings and features being expected. Construction intentions must be communicated to the municipality before project plans are developed. The municipality, in consultation with the Archaeological Service, establishes the necessary conditions.

2. Archaeological Protection Zones include known archaeological sites. Only constructions and facilities that serve the purpose of the zone are permitted.

1. Groundwater and Spring Protection Zones encompass areas that must be protected from adverse effects to ensure the supply of drinking water.

2. Areas within the Groundwater and Spring Protection Zone are considered highly sensitive areas under water protection legislation. The authority responsible for granting permits submits construction applications to the competent specialized authority.

3. Agricultural, forestry, horticultural, and other uses must be conducted in such a manner that adequate protection of the waters is guaranteed.

1. Watercourse zoning areas encompass the watercourse space as defined by federal law.

2. The permissibility of new constructions and facilities, as well as the management of the watercourse space, is governed by federal law, whereby constructions and facilities must maintain a minimum distance of five meters on both sides of the water, which can only be reduced in justified exceptional cases.

3. The protection of legally established constructions and facilities that no longer comply with current regulations is governed within construction zones by Article 81, Paragraph 1 and Paragraph 2 of this law. Such constructions and facilities may also be demolished and rebuilt under the same conditions, provided and insofar as the municipal building law permits demolition and rebuilding. Outside the construction zone, the protection is governed by federal law.

4. Within construction zones, the competent cantonal specialized authority must be consulted prior to granting building permits. For construction projects outside the construction zones, the BAB authority obtains the consent of the competent cantonal specialized authority.

1. Hazard zones encompass areas threatened by avalanches, landslides, rockfalls, flooding, or other natural events. They are divided according to cantonal guidelines into a hazard zone with a significant risk (hazard zone 1) and a hazard zone with moderate risk (hazard zone 2).

2. In hazard zone 1, no new buildings and facilities intended for the accommodation of people and animals may be constructed. Existing buildings and facilities intended for the accommodation of people and animals may only be renewed. Structures such as dams and similar, which are erected for the protection of settlements, may be granted permission for zone-compatible or location-bound uses based on a comprehensive concept.

3. In hazard zone 2, new buildings and facilities intended for the accommodation of people and animals require special structural protection measures. In the event of significant modifications to existing buildings, the necessary protection measures must be implemented for the entire building.

4. Buildings and facilities not intended for the accommodation of people and animals require adequate object protection in hazard zones.

5. Building permits and BAB approvals for construction projects in hazard zones are only granted if there is approval from the property insurance of the canton of Graubünden. This authority issues guidelines for structural protection measures and for adequate object protection.

1. Winter Sports Zones encompass the terrain necessary for winter sports.

2. Structures and installations, terrain alterations as well as activities such as planting and fertilizing must not impair the practice of winter sports. Fences in the area of slopes must be removed during the regular winter season.

3. Site-specific structures and installations for winter sports are permissible. Under the same conditions, structures and installations may be approved that serve sporting or tourist use outside the winter season.

4. The municipalities may enact supplementary provisions, particularly concerning the general right of access, the use of land for snowmaking and mechanical preparation, compensation for loss of earnings and damage to properties, as well as the division of the resulting costs among the interested companies.

1. Zones for Future Construction Utilize Areas designated for possible future expansion of the building zone.

2. Permissible construction projects are those that meet the requirements for an exceptional permit for buildings and facilities outside of building zones and do not contradict the future purpose of the zone.

3. Land reallocation in zones for future construction use is to be conducted according to the principles for land reallocation in building zones.

1. Zones for the remaining municipal area include unproductive land, bodies of water, and other areas for which no other utilization zone is applicable.

2. Permissible are construction projects that meet the requirements for an exceptional permit for buildings and structures outside the designated building zones.

1. The General Design Plan outlines the basic principles for the design (preservation, renewal, development) of settlements and landscapes.

2. The determinations are primarily based on settlement analyses, building inventories, landscape inventories, studies, and competition results.

3. To the extent that the legal consequences of the individual determinations do not arise from cantonal law, they are regulated in the basic ordinance.

1. Residential areas and individual buildings of particular artistic, historical, architectural, or landscape-defining importance are incorporated into the General Design Plan as generally protected residential areas and individual buildings based on settlement analyses or other foundational documents (protected objects).

2. Structural alterations to protected objects are only approved based on a building inventory. This inventory must be drawn up before the development of project plans and serves as the basis for determining permissible structural changes and any preservation orders in the building permit.

3. If building inventories are already available during the development of the General Design Plan, permissible structural changes to protected objects can be determined in the building code.

4. The General Design Plan may contain further stipulations such as renewal areas, preservation areas, building design lines, usage transfer areas, and areas requiring design consultation.

1. Natural and cultural objects of particular significance shall be included in the General Design Plan as protected natural and cultural objects, based on landscape inventories or equivalent foundations, provided that they are not assigned to a protection zone.

2. Protected objects and their surroundings must neither be destroyed nor adversely affected.

1. The General Development Plan establishes, in its fundamental aspects, the traffic, supply, and disposal facilities for the development of building zones and other usage zones. It includes at least the facilities for basic and rough development and may also encompass facilities for fine development.

2. The General Development Plan further specifies significant development facilities with characteristic features such as public transport facilities, parking facilities, snowmaking systems, trails, footpaths, hiking paths, bicycle paths, and riding paths.

3. In the General Development Plan, the municipalities differentiate between existing and planned facilities. They regulate the legal consequences of the individual provisions in the basic regulations, insofar as these do not arise from cantonal law.

4. Minor deviations from the General Development Plan are permissible in the planning of proposed facilities, provided that the conceptual requirements are maintained.

1. The site development plan determines the development, design, and renewal of settlements as well as projects in the landscape. It may contain elements of the zoning plan, the general design plan, and the general infrastructure plan and may be supplemented by regulations. In site development plans for settlement renewal, usage and demolition obligations may be established.

2. Deviations from the zoning plan and the standard building method are permissible if no overriding neighboring interests oppose them. The type and extent of use may only be changed for spatially limited areas to separate uses or establish appropriate zoning boundaries. If the extent of use for individual building zones is specified as a guideline or framework, the site development plan determines the exact building dimensions and usage figures.

3. The site development plan is issued for areas for which a subsequent planning has been established. It may also be issued for other areas within or outside the building zones.

4. If site planning is foreseen in the zoning plan, the municipalities, together with the delineation of the area, establish the framework conditions for subsequent planning.

1. Municipalities shall inform the specialized agency prior to the decision on the initiation of procedures for the enactment or amendment of the basic regulations.

2. The municipal board shall decide on applications from property owners for the initiation of the procedure.

3. The government shall regulate the preliminary examination and participation process by ordinance.

1. Enactment and Amendment of Building Law, Zoning Plan, General Design Plans, General Development Plans, and Regulations, to the extent that they form part of the basic order, are subject to a vote in the municipality. For the General Development Plan or parts thereof, municipalities can declare the Municipal Council competent.

2. Area Plans are enacted by the Municipal Board, unless the municipalities declare the Municipal Council competent.

3. Amendments of minor significance can be decided by the Municipal Board after consultation with affected parties. The execution of a participation notice is optional.

4. The Municipal Board announces decisions on the enactment or amendment of the basic order in the official publication organ of the municipality and in the Cantonal Gazette and ensures that the adopted planning instruments and associated applications for additional permits are publicly displayed during the complaint period (complaint notice).

5. Objections to applications for additional permits must be submitted to the approval authority during the display period.

6. Decisions on the enactment or amendment of the basic order have the effect of a municipal planning zone until the proposal is approved.

1. Building Law, plans of the basic order, as well as regulations, insofar as they form part of the basic order, as well as amendments to these decrees require approval by the government and come into force with the approval decision. Amendments according to Article 48 paragraph 3 are approved by the department.

2. Approval is granted if no provisions are violated.

3. The approving authority may, in the approval procedure, after hearing the municipal board and affected parties, amend unlawful provisions and rectify formal defects.

4. The approval process should be conducted expeditiously. It must not last longer than eight months, together with the preliminary examination procedure. Local planning revisions can be approved in stages.

1. The permitting authority ensures the substantive coordination of the permit with any supplementary approvals.

2. The permitting authority decides on applications for cantonal supplementary approvals within the framework of the permitting decision itself if a comprehensive decision contributes to improved coordination, serves to expedite the procedure, or has been agreed upon by the parties.

3. If the supplementary approval is granted by the authorities responsible under special legislation, the permitting authority endeavors to ensure simultaneous issuance as far as possible.

4. Further details regarding coordination are regulated by the government through an ordinance.

1. The neighborhood plan regulates, within the framework of the basic order, the design and development of building zones with subsequent planning or of other partial areas of the building zone in detail. The planning area can, in exceptional cases, be extended to properties outside the building zones if the planning requires it.

2. The neighborhood plan consists of the neighborhood planning regulations and, depending on the purpose, the neighborhood design plan and the neighborhood development plan.

3. For the correction of limited real rights, pre-notations, and annotations, the provisions regarding land consolidation apply accordingly.

1. The neighborhood development regulations contain provisions regarding the design of buildings and facilities, the execution, maintenance, and renewal of neighborhood infrastructure, as well as the allocation of planning and development costs (distribution key). They can supplement the building regulations of the basic order and establish phases for the execution of infrastructure and construction development in the neighborhood.

2. The neighborhood design plan determines the placement of buildings and facilities and the areas to be kept free. It may contain further provisions, particularly regarding the building volumes and their use and design.

3. The neighborhood infrastructure plan includes the necessary facilities for the development of the neighborhood. It may provide for communal facilities such as playgrounds and facilities for parking and neighborhood equipment.

1. The municipal executive is responsible for the initiation and implementation of neighborhood planning, as well as for the promulgation and amendments of the neighborhood plan. Municipalities may declare the municipal council responsible for promulgation and amendments.

2. The municipal executive decides ex officio or upon the application of private individuals concerning the initiation of neighborhood planning. If it rejects private applications, it shall communicate this to the applicants in a contestable order.

3. The initiation procedure is waived for neighborhood plans prepared by private individuals themselves (private neighborhood planning).

4. Details of the procedure are governed by regulations issued by the government.

1. The costs of district planning and district development shall be borne by the district plan participants. The municipality shall contribute to the costs to the extent that there is a greater public interest in the planning or the facilities.

2. The participants may be required to make advance payments up to the amount of their anticipated shares of the planning and development costs.

3. The provisions applicable to the levying of contributions shall apply mutatis mutandis to the obligation to pay and the allocation of planning and development costs among the district plan participants.

4. The details of the procedure for determining and collecting cost shares shall be regulated by the government through regulation.

1. Building lines are particularly intended to keep spaces free along development facilities, bodies of water, and forest edges, as well as to preserve areas in the interest of townscape and nature and environmental protection. Different building lines can be established for various needs.

2. Building lines take precedence over all other public law distance regulations. They determine the boundary up to which construction may occur both aboveground and underground. Existing structures and facilities within the building line area may only be maintained.

3. Protruding building parts such as roof overhangs, canopies, entrance steps, bay windows, open balconies, and similar features may extend up to 1.5 meters beyond the building line, but along traffic facilities only if they are at least 3.0 meters above the sidewalk and 4.5 meters above street level.

4. Provisions regarding building lines in other cantonal regulations remain reserved.

1. Level lines determine the elevation of projected traffic facilities.

2. Buildings and structures on adjacent properties must be aligned with the level lines.

1. The authority responsible for granting permits may, except concerning water and forest setback lines, allow exceptions to the regulations concerning building and level lines if no overriding interests are opposed and the property owner commits in a reversible agreement to restore the legal condition upon the request of the competent authority.

2. When building and level lines are established as part of zoning or neighborhood plans, the procedural provisions for the relevant plans apply. For standalone building and level line plans, the procedure is analogous in accordance with the provisions for the neighborhood planning process.

3. Municipal building lines along cantonal roads must be established in a zoning plan.

1. Municipalities plan the basic, coarse, and fine development of their area within their jurisdiction. They provide overviews of the status of the construction, development, and build-readiness.

2. Basic development includes the provision of a larger contiguous area with overarching facilities such as main roads, railway lines, water and electricity works, wastewater treatment, and waste facilities.

3. Coarse development refers to the provision of a buildable area with the main routes of development facilities, namely water, energy supply, and wastewater pipelines, as well as roads and pathways that serve the area to be developed directly. They connect the facilities of basic development with those of fine development.

4. Fine development includes the connection of individual plots to the main routes of development facilities, including publicly accessible neighborhood streets and public pipelines.

1. The municipalities prepare a development program. This program determines, in coordination with the financial planning, which parts of the building zone will be developed at which time and when development facilities will be renovated.

2. The municipalities regulate the jurisdiction and procedures for the issuance and amendment of the development program. They conduct a public participation process.

3. The development program is binding for the municipal bodies entrusted with planning tasks. It is public and can be inspected by anyone.

1. The implementation of the development of building zones and other utilization zones (planning, construction, operation, maintenance, and renewal) is the responsibility of the municipalities or the entities appointed or licensed by them, unless the federal government or canton is responsible for the development.

2. The municipalities can authorize private individuals in the building law to develop their land themselves according to the specifications of the development plans. If multiple private parties are involved in a development and cannot agree on the procedure or the distribution of costs, the municipal council decides.

3. The municipal council decides on private claims according to federal law for private development or advancement in case of untimely development of building zones by the community. If private development or advancement is permitted, the municipal council conducts a contribution procedure during the execution of the facilities and distributes the costs among all developed properties.

4. Reimbursement claims from private development or advancement are to be regulated in the contribution procedure according to paragraph 3. Advances that are to be reimbursed are included in the contribution procedure without interest.

1. Municipalities shall issue detailed provisions regarding the planning and execution of development, as well as the coordination with other development facilities.

2. Municipalities shall specifically establish the requirements for general and special circumstances of development, and regulate the design, operation, maintenance, and renewal of development facilities.

3. Municipalities shall regulate the entitlement of the public and private individuals to use development facilities, as well as the resulting compensation issues. They shall also determine the conditions and responsibilities for the municipality's takeover of private development facilities.

1. Municipalities cover their expenses for developments pursuant to Article 60 through the imposition of development charges. They contribute to the costs insofar as there is a public interest in the facilities or special circumstances exist.

2. Transport facilities are financed through contributions, and utility and waste management facilities are financed through either contributions or fees. The municipalities determine which utility and waste management facilities are financed through contributions and which through fees.

3. Development charges are, in principle, to be paid by individuals who derive a special economic advantage from the public facilities or who use or could use the facilities. If the payment of a prospective charge appears to be at risk, the municipal board may require appropriate security.

4. For the financing of development facilities that are established based on land improvement legislation, only the provisions of the land improvement legislation apply.

1. Contributions are levied to cover the costs for the construction, modification, and renewal of development facilities. The costs subject to contributions include all expenditures necessary for the public works.

2. The municipal board determines the portion of costs to be borne by the municipality (share of public interest) and by the totality of property owners (share of private interest). The following guidelines generally apply

1. Major Development

a) Municipal share: 70 - 40%

b) Private share: 30 - 60%

2. Minor Development

a) Municipal share: 30 - 0%

b) Private share: 70 - 100%

3. For the distribution of the private share among several parties, the possible land use, considering any additional advantages and disadvantages, generally serves as a guideline.

4. The parties involved can be required to make advance payments up to the amount of the anticipated cost shares.

5. The debtors of the contributions are the property owners registered in the land register at the time the charge becomes due. In the case of joint ownership, the co-owners are debtors of the contributions. In the case of building rights relationships, the building rights holder is the contribution debtor.

6. The government regulates the procedure for the collection of contributions (contribution procedure) by ordinance.

1. Fees are levied to cover the costs for the construction, operation, maintenance, and renewal of supply and disposal facilities.

2. The municipalities determine in a municipal decree which fees are to be levied. They establish the group of fee-payers as well as the assessment bases and fee rates, and regulate the procedure for the assessment and collection of the fees.

1. If the issuance of zoning plans or the implementation of a specified usage ordinance requires the reallocation of land parcels or the alteration of parcel boundaries, land reallocations or boundary adjustments shall be carried out.

2. Land reallocations and boundary adjustments can be conducted as independent procedures or in conjunction with a zoning plan procedure.

3. For consolidation of agricultural and forestry goods, as well as for land reallocations for national or cantonal roads, the procedural provisions of the land improvement or road legislation shall apply.

1. Jurisdiction for the initiation and execution of land reallocations and boundary adjustments, as well as decisions regarding reallocation and distribution of costs, rests with the municipal council or, if the land reallocation or boundary adjustment is conducted in conjunction with a cantonal land use plan, the department, subject to paragraph 2.

2. If the land reallocation or boundary adjustments are associated with a land use plan for which neither the municipal council nor the department are responsible, the reallocation is issued by the body responsible for the enactment of the land use plan.

3. The initiation of land reallocations and boundary adjustments occurs ex officio or upon application by private individuals. If the authority responsible for initiation rejects private applications, it communicates this to the applicants in a contestable decision.

4. The government regulates the procedure for land reallocations and boundary adjustments pursuant to this law by ordinance.

1. Upon the order of a land reallocation, the competent authority may impose a reallocation ban for the entire area of reference or parts thereof for a duration of two years. The provisions applicable to municipal planning zones shall apply mutatis mutandis to the issuance and extension of the reallocation ban. The reallocation ban must be noted in the land register, specifying its duration.

2. During the reallocation ban, no legal or actual dispositions may be made concerning properties that could impair or complicate the reallocation. Dispositions require the approval of the competent authority.

3. During the period of a land reallocation, the holder of the reallocation shall have a preemptive right over all properties in the area of reference insofar as the property is required for fulfilling a public task.

1. For all properties within the land consolidation area, an inventory plan and a register of in rem rights, annotations, and notes (inventory register) shall be prepared based on the land register. If the land consolidation is conducted as a value-based reallocation, the plans and registers must be supplemented by a valuation table. Owners of properties not recorded in the land register must provide proof of ownership at their own expense.

2. The competent authority shall conduct a publication and objection procedure. If objections pertain to the inventory plan or the inventory register, the authority shall set a deadline of 30 days for the party, whose claim is not evidenced by the land register, to bring a potential claim via civil proceedings.

3. Upon conclusion of the procedure, the old inventory shall attain legal finality.

**1. From the total area of the reallocation district, the land required for development and communal facilities that primarily serve the needs of the reallocation district will be deducted at no charge. If an agreement cannot be reached regarding the transfer of land or rights for further public purposes, it shall be governed by the provisions of the Eminent Domain Act.**

**2. The remaining area, after the land deductions, will be distributed among the involved landowners in proportion to the land contributed and considering all advantages and disadvantages associated with the old and new ownership status. Any over- and under-allocations, as well as special advantages and disadvantages of individual allocations, must be fully compensated in monetary terms.**

**3. If a share is insufficient to form a plot of land usable according to the zoning, and if an appropriate allocation of joint ownership or co-ownership is not desired or not possible, there is no entitlement to a land allocation.**

1. Prior to the reallocation, it is necessary to rectify real rights, pre-notations, and annotations in collaboration with the land registry office and to prepare the land registration application.

2. With the exception of transferred or newly established rights and land charge rights, all restricted real rights, as well as all pre-notations and annotations of the old properties, lapse with the acquisition of ownership of the newly allocated properties.

1. The costs of land consolidation and boundary adjustment, including the costs of surveying and demarcation, shall be borne by the parties involved. The municipality shall exceptionally contribute if there is a further public interest in the measures.

2. The provisions for the levying of contributions shall apply mutatis mutandis to the obligation to pay and the allocation of costs among the parties.

3. The details of the procedure for determining and collecting cost shares are regulated by the government through ordinance.

1. New constructions, as well as substantial alterations and extensions, will only be approved if the property is ready for construction.

2. A property is considered ready for construction if its shape and size allow for appropriate and purposeful development according to zoning regulations, and if the property is suitably equipped for the intended use in accordance with regulations, or will be equipped by the completion of the construction project.

1. Settlements, buildings, and structures must be designed and integrated according to the principles of architecture in such a way that they create a harmonious overall effect with the surroundings and the landscape.

2. Where this law or local planning prescribes an obligation for design consultation, the property owner during the preparation of project plans and the construction authority during the assessment of the construction project must seek advice from experts on matters of architectural design.

3. If a building or structure disfigures the townscape or landscape due to inadequate maintenance, the authority responsible for the approval is obliged to require the owner to take the necessary measures. If the owners do not comply with the orders within the deadline, the authority, following due warning, will have the measures executed by third parties at the expense of the non-compliant parties.

1. Objects protected under Article 43 are to be preserved.

2. Structural modifications to protected objects are subject to design consultation. The intentions to build must be disclosed to the authority responsible for approval before drafting the project plans. This authority, in collaboration with the builders and experts in architectural design, based on the protection objectives according to settlement analysis and the building inventory, establishes specific preservation orders. If no building inventory exists for the affected object, an inventory is initiated.

3. Structural modifications are approved if they take into account the preservation orders. The approval can be linked with corresponding conditions.

4. Existing protection and preservation orders from municipalities or cantonal or federal authorities, which are made pursuant to spatial planning or nature and heritage protection legislation, remain reserved.

1. When constructing buildings that exceed the reference terrain elevation, a boundary distance of 2.5 meters must be maintained from any neighboring property, unless the municipal building law prescribes greater boundary distances.

2. A building distance of 5.0 meters must be maintained between buildings, unless the municipal building law prescribes greater building distances.

3. Protruding building parts such as roof overhangs, canopies, entrance steps, bay windows, and open balconies may extend up to 1.0 meter into the boundary and building distance. If the protruding building part forms a wall outward, this wall is considered part of the enclosing wall.

1. For open covered areas such as shelters and similar structures, the boundary distances for buildings apply, measured from the eaves to the property boundary.

2. Freestanding walls, retaining walls (buttress walls), embankments, and the like may be constructed at the boundary, provided they are not higher than 1.0 m. If they exceed the height of 1.0 m, they must maintain a boundary distance equivalent to the excess height, but no more than 2.5 m.

3. For excavations, a boundary distance of 0.5 m, measured from the top edge of the trench slope, must be observed. If the neighboring property is secured by a retaining wall or comparable structural measures, no boundary distance needs to be maintained.

4. Enclosures such as fences, walls, and wooden partitions up to a height of 1.5 m from the relevant terrain may be placed at the boundary. Taller enclosures must be set back by an amount equivalent to the excess height, but no more than 2.5 m.

5. Hedges may be planted at a distance of 0.5 m from the boundary, provided they are trimmed back annually to the boundary and to a height of 1.5 m from the relevant terrain. Taller hedges must be set back by an amount equivalent to the excess height, but no more than 2.5 m.

1. The municipal building authority may authorize deviations from the building distances specified in this law and in the municipal zoning law, provided there is an agreement between the affected parties and no overriding public interests are opposed. The municipal building authority orders the notation of the deviation in the land register.

2. If the land-use plan or a neighborhood plan specifies a particular location for a structure or installation, the building distances of this law and the municipal zoning laws do not apply insofar as they contradict the planning.

3. Reserved are distance regulations in other cantonal decrees, distances based on environmental protection legislation, and road distances of the municipalities.

3. The distance of buildings and facilities from the forest is determined in accordance with cantonal forest legislation. Forest boundary lines established in the basic zoning plan take precedence over the forest distance as stipulated by forest legislation.

1. Buildings and structures must comply with health, fire, and commercial police regulations as well as the provisions of labor, energy, water protection, and environmental protection legislation.

2. Buildings and structures must conform to the recognized rules of construction science and must not endanger people, animals, or property during construction, by their existence, or through their use.

3. The government may, by regulation, require that certain buildings and structures be subjected to a special official examination for their safety against natural effects such as earthquakes, snow, and wind.

4. If a building or structure endangers people or animals, or if the use of endangered buildings or structures exposes people or animals to immediate danger, the municipal building authority requires the owner to take the necessary measures. If the owner does not comply with the orders within the given deadline, the municipal building authority, after issuing a warning, will arrange for the measures to be carried out by third parties at the expense of the defaulting party.

1. New publicly accessible buildings and facilities, as well as new buildings and facilities with more than 50 workplaces, must be designed according to recognized professional standards to ensure accessibility for people with disabilities. Moreover, publicly accessible buildings and facilities must be usable by people with disabilities.

1bis. New buildings with more than four apartments must be designed according to recognized professional standards such that the individual apartments are barrier-free accessible and meet the requirements of adaptable housing construction within. For new buildings with five to eight apartments, it suffices if at least the apartments on one floor are barrier-free accessible, and access to the remaining apartments is adaptable.

2. The requirements pursuant to paragraph 1 and paragraph 1bis must also be met in the event of renovations under the relevant federal law, provided that no overriding public interests conflict with this or the cost of adaptation is not disproportionate. The following exceptions apply to the renovation of residential buildings

1.* The requirement of barrier-free accessibility must be implemented in the renovation of residential buildings with eight or fewer apartments only if the municipalities provide for this in the building law;

2.* The requirements for adaptable housing construction must be implemented in the renovation of residential buildings, regardless of the number of apartments, only if the municipalities provide for this in the building law.

3. The examination of building applications for compliance with the regulations on disabled-accessible construction is the responsibility of the municipal building authority. For this purpose, it may consult knowledgeable advisors.

4. The municipal building authority shall inform the organizations for the disabled entitled to lodge complaints of the timing of the public submission of the building applications.

1. Legally constructed buildings and structures that no longer comply with current regulations may be maintained and renewed.

2. Such buildings and structures may also be remodeled, modestly expanded, or have their use changed, provided that the deviation from current regulations is not increased and there are no overriding public or neighboring interests opposing.

3. Municipalities may declare the reconstruction after destruction or demolition permissible without regard to the current standard building regulations (site right) in the building code. They shall regulate the details considering public and neighboring interests.

4. Special statutory obligations for adaptation or renovation, as well as specific regulations of federal or cantonal law regarding the application of new regulations to existing buildings and structures, remain reserved.

1. Extraordinary circumstances exist and compliance with the legal provisions would cause disproportionate hardship, the municipal building authority may grant exceptions to certain construction and zoning regulations, provided that such exceptions do not infringe upon overriding public and private interests.

2. The exception permit may be conditional upon the property owner committing in a reverse agreement to restore the legal condition at the request of the competent authority. In such cases, no compensation shall be granted for value-enhancing expenditures in the event of subsequent expropriation.

3. If exterior insulations are approved for existing buildings or facilities, deviations from total and facade heights, building lengths, usage numbers, boundary and building distances, as well as building lines may be made by the construction thickness of the exterior insulation.

1. The admissibility of non-zone-compliant construction projects outside designated building zones is governed by federal law.

2. The conversion of agricultural residential buildings for non-agricultural residential purposes is approved within the framework of federal law.

3. The complete change of use of buildings and facilities recognized as worthy of protection is approved within the framework of federal law, provided the buildings and facilities have been designated for protection in the basic plan or by the authority responsible according to cantonal nature and heritage protection legislation.

4. Divergent planning regulations remain reserved.

**1. The Amendment of the Use of Landscape-defining Structures is Approved within Federal Law if:**

1. the structures, together with the landscape, are placed under protection by the municipality according to the specifications of the cantonal structure plan in the basic regulation and designated as convertible for other uses;

2. it is ensured in the basic regulation that the landscape will be long-term managed after being placed under protection;

3. it is ensured in the basic regulation that the protected structures are maintained and that structural measures on any further structures are only permissible if they are compatible with the conservation objectives.

**2. Convertible Structures must still be Usable in Accordance with their Original Purpose at the Time of Construction Application.**

The residential floor space newly created by any conversion may not exceed 50 m² gross floor area. Remaining areas are to be used as ancillary spaces. Conversions are subject to design consultation. During conversions, disruptive previous interventions in the structure and its surroundings must be remedied. The surroundings are to be left in or restored to their landscape-typical condition.

**3. If Management is Neglected for More than Five Years,** the authority responsible for granting the permit sets an appropriate deadline for the obligated party to fulfill the obligation. If these orders are not complied with, the responsible authority, after issuing a warning, will have the landscape managed by third parties at the expense of the delinquents.

1. Construction is the responsibility of the municipalities, unless otherwise specified by this law or special legislation.

2. The competent authority for orders and decisions of the municipalities is the municipal board, unless this law, special legislation, or municipal law designates another municipal authority (municipal building authority).

3. The municipalities organize the construction sector in such a way that an expert, effective, timely, and coordinated execution is ensured.

4. The municipalities strive for inter-municipal cooperation, particularly through the formation of joint building offices and the appointment of joint experts or advisory bodies with advisory functions in issues of architectural design and further questions of construction, environmental, and energy law.

1. Buildings and Structures (Construction Projects) may only be erected, modified, demolished, or have their use changed with written construction approval from the municipal building authority. Changes in the use of properties are also subject to the requirement of construction approval if significant impacts on the usage regulations are to be expected.

2. Temporary construction projects, as well as those that do not affect public or private interests, are not subject to the requirement of construction approval. The government determines by regulation which construction projects do not require construction approval and establishes a notification requirement for these. It applies the same regulations for buildings and structures both within and outside of construction zones, to the extent permitted by federal law.

3. Municipalities may subject construction projects that do not require construction approval to a simplified construction approval procedure under building laws.

4. Reserved are differing federal or cantonal provisions for construction projects that do not fall under the municipal construction approval authority.

1. Buildings and facilities outside building zones (BAB) require, in addition to a building permit, a cantonal permit (BAB permit).

2. Responsibility for decisions regarding construction projects outside building zones lies with the department (BAB authority). The government may delegate, by regulation, the responsibility wholly or partially to another cantonal authority.

3. The municipal building authority forwards applications for construction projects outside building zones (BAB application) for which it deems the prerequisites for a building permit and a BAB permit as fulfilled, with a substantiated request for the issuance of the BAB permit to the relevant office. Otherwise, it rejects the application on its own authority.

4. If the BAB authority grants the BAB permit, it is issued by the municipal building authority together with the building permit. In this case, the building permit may be appealed directly to the superior court, irrespective of any local legal remedies.

5. If the BAB authority denies the BAB permit, it directly issues the denying BAB decision to the applicants, whereby the building application is considered rejected. For the procedural costs of the municipality, the municipal building authority issues a separate cost decision.

6. Buildings and facilities that are exempt from the building permit requirement by regulation of the government do not require a BAB permit, even if the municipalities have subjected them to the simplified building permit procedure.

1. If construction projects, in addition to the building permit and any necessary BAB permit, require additional permits, exceptional permits, approvals, or consents from other authorities (supplementary permits), and there is such a close substantive relationship between the permits that they cannot be issued separately and independently but must be coordinated in terms of content, the procedures and decisions in the building permit process and the BAB process are coordinated.

2. For construction projects within building zones, the coordination is the responsibility of the municipal building authority. For construction projects outside building zones, the BAB authority decides on cantonal supplementary permits itself if a comprehensive decision contributes to improved coordination, serves to expedite the process, or has been agreed upon by the parties.

3. Further details regarding coordination are regulated by the government through an ordinance.

1. Construction projects and changes of use are approved when all regulations of local, cantonal, and federal law are complied with.

2. Building applications are assessed according to the law in effect at the time of the decision.

3. If the building applicant is not the owner of the construction plot, the building application must also be signed by the owner. If the applicant is not the owner of the land required for access, the building permit is only granted if the necessary rights for the access to the construction project are demonstrated in the application.

1. If the substantive or formal defects of the construction project can be rectified without particular difficulty, or if orders to establish or maintain a lawful condition are necessary, the required ancillary provisions (conditions, stipulations, time limitations) should be linked with the approval.

2. Ancillary provisions with longer-term effects or of significant importance are to be noted in the land register at the cost of the construction applicant before the commencement of construction. The land registry office shall certify the execution of the notation to the registering authority.

3. Security may be required for the proper fulfillment of ancillary provisions in direct connection with the execution of the construction. As a rule, it must be provided before the start of construction.

1. Construction projects may commence as soon as the building permit has been issued in writing. This is subject to contrary orders in an appeal proceeding.

2. Building permits and BAB permits expire if construction has not begun within two years from the time the building permit or BAB permit becomes legally binding or if construction projects are not completed within three years from the commencement of construction. The authority responsible for granting the permit may extend these deadlines appropriately upon a justified request and will inform any objectors of such an extension.

3. If a construction project is not completed, incomplete structures must be removed and the original condition restored.

1. Construction applications, freeway permit applications, and applications for additional permits requiring coordination must be submitted to the local municipality.

2. The municipalities conduct the public review process. During the public review, objections can be raised in writing with reasons provided to the municipality. The conditions for the legitimacy of objections correspondingly apply as stipulated for planning appeals to the government.

3. The government regulates the standard building permit process and the freeway permit process through ordinances. For construction projects that only affect minor public and private interests, it establishes a simplified building permit process.

3a. The government facilitates the electronic building permit process and enacts the necessary regulations for it through ordinances.

4. Municipalities may introduce supplementary provisions in the building code as needed. They can introduce a notification requirement for all construction projects and regulate the corresponding procedures.

1. Compliance with statutory regulations, conformity of executed buildings and facilities with approved plans and the construction site stakeout, as well as adherence to ancillary provisions, are the responsibility of the builders, owners, other entitled parties, and the persons commissioned with the planning and execution of construction projects.

2. The canton and municipalities do not assume any liability for the construction, strength, material suitability, and safety of the executed buildings and facilities through the approval and supervision of buildings and facilities.

1. Material non-compliant conditions must be rectified upon the order of the competent authority, regardless of whether an administrative penalty procedure has been conducted for their creation.

2. The municipal building authority is responsible for issuing and enforcing restoration orders. In the case of non-compliant conditions outside of building zones, the Building and Planning Authority (BAB) shall take the necessary measures, provided the municipal building authority remains inactive despite a request from the canton. The costs incurred by the canton as a result are charged to the municipality, insofar as they cannot be transferred to those obligated or are uncollectible.

3. The obligation to restore the lawful condition falls upon both the owners and the individuals who have caused the unlawful condition. Should those obligated fail to comply with a legally binding restoration order within the deadline, the competent authority, after issuing a warning, shall have the ordered measures carried out by third parties at the expense of the defaulters.

4. If the competent authority must refrain, wholly or partially, from ordering restoration measures for reasons of proportionality or the protection of legitimate expectations, it shall issue a decree that the illegal condition will be tolerated (toleration order).

1. Anyone who violates this law or related decrees and orders of the canton or municipalities shall be punished with a fine ranging from 200 Swiss Francs to 40,000 Swiss Francs. In particularly severe cases, especially those involving profit-seeking motives, the competent authority is not bound by this maximum amount. Illegal profits shall be confiscated in accordance with the provisions of the Swiss Penal Code.

2. Punishable is the intentional or negligent infraction committed by the persons responsible as per Article 93. Instead of a legal entity, a general or limited partnership, a sole proprietorship, or an association without legal personality, the natural persons who acted or should have acted on behalf of these entities are liable to punishment. Legal entities, partnerships, or associations are jointly liable for fines and costs.

3. The competent authority for imposing penalties is the municipal building authority. In cases where the BAB authority orders the restoration of the lawful state, this authority is responsible for imposing penalties.

4. The right to prosecute lapses five years after the commission of the punishable act. Absolute limitation occurs after ten years. The penalty for an infraction becomes time-barred after five years.

1. Municipalities levy fees for their efforts in the building permit procedure and in other building police procedures. Expenses for third-party services such as expert reports, consultations, and land registry costs are to be additionally reimbursed to the municipality.

2. The party liable for costs is the one who caused the effort through applications of any kind or through their conduct. Costs arising from the handling of objections are to be charged to the objectors if the objection is obviously inadmissible or obviously unfounded. In this case, the objectors may also be required to pay reasonable extrajudicial compensation to the applicants.

3. Municipalities regulate the assessment and collection of fees in a fee ordinance.

4. The BAB authority charges fees for BAB decisions as well as for fines and restoration orders for construction projects outside the building zones from the applicants or parties, which consist of a state fee up to 3000 francs, an office fee, and the reimbursement of any cash expenses. In extraordinary circumstances, the state fee may be appropriately increased.

5. Fees for additional permits and environmental impact assessments remain reserved according to the respective special legislation.

1. Upon the approval of the basic ordinance, the municipality is granted the right of expropriation for the areas specified therein

1. Zones for public buildings and facilities;

2. Areas or portions of areas in other construction zones intended for buildings and facilities serving public or public-interest purposes;

3. Planned roads and paths designated for expropriation.

2. The right of expropriation extends to real and mandatory rights, as well as neighboring rights, that are required for the execution of the planned buildings and facilities or that conflict with them.

3. If the municipality or an authorized entity intends to exercise the right of expropriation, it must inform the affected property owners in writing, specifying the rights claimed and the compensation offered. In the same manner, the affected parties may demand the exercise of the right of expropriation from the municipality through written notification of their offer.

4. If the parties cannot agree on the amount of compensation, either party may request the competent expropriation commission to conduct an appraisal procedure. Otherwise, the provisions of the cantonal expropriation legislation apply.

1. If planning leads to property restrictions that are equivalent to an expropriation (material expropriation), the affected parties are entitled to full compensation.

2. The public entity that has decided on the property restriction or should have decided according to the jurisdictional order is liable for compensation.

3. Claims for compensation from material expropriation must be submitted in writing to the liable public entity and must specify the amount of compensation demanded.

4. If the public entity disputes the obligation to compensate or if the parties cannot agree on the amount of compensation, the compensation claim can be submitted to the competent expropriation commission according to the provisions of the cantonal expropriation legislation.

4bis. The expropriation commission, tasked with assessing compensation claims resulting from rezoning plans aimed at reducing oversized building zones, must provide the canton with the opportunity to participate in the proceedings as a party. The canton has the right to appeal.

5. If the compensation to be paid exceeds two-thirds of the value that would have to be paid for the property in the case of a formal expropriation, both parties may request formal expropriation.

1. The municipality may renounce the expropriation or property restriction within 90 days from the legally binding determination of the compensation. The declaration of renunciation becomes invalid if the plan determination is not revoked within two years.

2. If a property restriction for which compensation has been paid is later lifted or its expropriation-like effect ceases, the municipality is entitled to an appropriate refund from the respective property owner. Disputes over the refund claim are decided by the competent expropriation commission. The municipality notes the refund claim in the land register at the time the compensation is paid.

3. Compensation claims due to material expropriation, as well as refund claims pursuant to paragraph 2, become time-barred five years after the entry into force of the property restriction or its cancellation or cessation.

1. The publication, objection, and appeal deadlines for utilization plans and construction projects established in this law and its associated regulation also apply to applications for additional permissions to be submitted simultaneously.

2. If additional permissions are issued together with decisions, rulings, or orders that are subject to appeal to the Supreme Court, the legal remedy of appeal also applies to any potential challenge of the additional permission.

1. Decisions by municipalities regarding the issuance of the basic regulations, as well as decisions by the municipal board on the issuance or extension of planning zones, can be contested within 30 days of public announcement by filing a planning complaint with the government.

2. Entitled to lodge a complaint are individuals who have a legitimate interest worthy of protection in contesting the planning, or who are authorized to file a complaint under federal law.

3. The government has full review authority. If it annuls regulations or parts thereof in the complaint decision, it decides on the matter itself or refers it back to the municipality for a new decision.

3bis. Orders for write-offs are issued by the instructing department.

4. ...

1. The decision on the complaint may be communicated to the parties with a brief statement of reasons. Each party may request a fully reasoned decision in writing within 30 days of the notification. If no party requests reasons within the deadline, the judgment becomes legally binding.

2. The parties are to be informed about the possibility of obtaining a reasoned decision and the legal consequences thereof.

3. If a party requests reasons, the decision will be provided with a written explanation and communicated to the parties in its complete version. The deadlines for legal remedies commence with this notification.

4. If a fully reasoned decision is waived, a suitably reduced state fee shall be charged.

1. Decisions of the government regarding the issuance of cantonal land-use plans and replacement ordinances, the approval of municipal foundational regulations, as well as planning complaints, can be appealed to the Supreme Court.

2. Decisions of the government pursuant to paragraph 1, as well as decisions on the issuance of the cantonal structural plan and the approval of regional structural plans, can be contested by the affected municipalities and regions as entities responsible for local or regional planning with an appeal to the Supreme Court.

1. Orders issued by cantonal authorities that are based on this law or regulations derived from it and cannot be appealed to the government according to an express provision are subject to appeal to the High Court.

2. Orders concerning the establishment or extension of cantonal planning zones, the approval of plan changes pursuant to Article 48 paragraph 3, as well as decisions regarding BAB, may also be appealed by the municipalities.

1. Environmental organizations entitled to appeal under federal law participate in building permit procedures for construction projects within the building zones, as well as in planning processes that do not require cantonal approval, by filing an objection during the public notice procedure.

2. In building permit procedures for construction projects outside the building zones and in planning processes that require cantonal approval, organizations, provided they are entitled to appeal and wish to exercise their right to appeal, must notify their participation in the procedure during the objection or appeal notice period to the competent authority. This authority grants the organization access to documents and gives them the opportunity to comment on the construction project or planning within a deadline set by the authority. If a statement is submitted, the decision will also be communicated to the organization involved in the procedure. If no registration is made during the notice procedure or if no statement is submitted in the subsequent procedure, the right to appeal is considered forfeited.

3. The government regulates further details by ordinance. The deadlines are considered peremptory. Otherwise, the legislation on administrative legal procedures applies mutatis mutandis to the deadlines.

1. The government shall issue the regulations provided for in this law by ordinance. It may issue additional regulations necessary for enforcement if required.

2. The right of appeal of the canton pursuant to the Federal Act on Spatial Planning is vested in the government. The higher court shall give the department the opportunity to participate in proceedings concerning buildings and facilities outside of construction zones and material expropriation.

1. Upon the enactment of this Law, the Spatial Planning Act for the Canton of Graubünden dated May 20, 1973, shall be repealed.

2. The following enactments shall be amended as follows upon the enactment of this Law

1. Existing local planning shall remain in effect, unless otherwise specified in paragraph 2, until it is adapted to this law. The adaptation must occur during the next review of local planning but within 15 years. The government may extend this period appropriately.

2. Directly applicable provisions of this law take precedence over conflicting municipal regulations. The following are considered directly applicable

1. The provisions regarding procedures and competencies (Article 5);

2. The zoning regulation for zones designated as green areas (Article 30): it applies to green zones pursuant to Article 28 KRG 73 that are located within largely developed areas;

3. The zoning regulation for hazard zones (Article 38) and the zoning regulation for water space zones (Article 37a);

4. The zoning regulation for zones designated for future building use (Article 40): it applies in areas assigned by municipalities to reduce overly large building zones of the second use phase;

5. The cantonal building regulations (Articles 72 - 84);

6. The formal building law (Articles 85 - 96).

3. The authority of the municipalities pursuant to Article 86, paragraph 3, to subject construction projects that do not require a building permit to the simplified building permit procedure may be temporarily exercised by municipal boards until the building law is adapted. Corresponding provisions must be established in a regulation and publicly announced.

1. For construction applications, planning, and procedures that are pending at the time of the entry into force of this law, the new law applies subject to the following provisions

1. Pending municipal construction approvals, planning, and other procedures will continue according to the previous jurisdictional and procedural regulations until their completion at the municipal level. New law applies to appeals;

2. Disputes concerning neighboring rights according to Articles 89 - 95 and 101 paragraphs 1 and 2 of the Introduction to the Swiss Civil Code (EGzZBG[12]) that were initiated before the entry into force of this law will be adjudicated by the authorities previously responsible under the previously applicable law until they are legally resolved.

2. Where there is no regional association existing for fulfilling regional planning tasks, the jurisdiction and procedure for regional master plans will continue to be governed by the organizational statutes approved by the government.

1. Article 19i to Article 19r regarding the value-added tax are applicable to all plans that the municipalities have decided upon after the enactment of the law amendment on October 25, 2018. Any contracts concerning value-added taxes related to such new plans are void, subject to contracts under Article 19j paragraph 3. Contracts regarding previously decided plans remain valid.

2. Article 19s to Article 19v are applicable to de-zonings that the municipalities have decided upon after the enactment of the law amendment on October 25, 2018.

1. Until the watercourse area is designated, the transitional provisions for the amendment of the Water Protection Ordinance of May 4, 2011, apply. Building permits require the approval of the cantonal specialist authority.

2. Existing water setback lines must be observed, provided or to the extent that they lead to greater distances.

1. This law is subject to an optional referendum.

2. The government determines the date of its entry into force.