Spatial Planning Ordinance for the Canton of Graubünden (KRVO) - Competent Department, Specialized Office (KRVO)

1. The competent department for the area of spatial planning is the Department of Economic Affairs and Social Services (Department). It oversees the implementation of federal legislation concerning secondary residences.

2. The cantonal office for spatial planning is the Office for Spatial Development (Office).

1. If a pending proceeding is suspended in favor of mediation, the objection or appellate authority sets a deadline for the parties to agree on a mediator. If no agreement is reached, the authority refers the parties to a suitable person.

2. The proceedings are resumed upon the request of the mediator. A party may only request the resumption after having seriously engaged in the mediation in at least one session.

1. The bases, particularly guiding principles, inventories, analyses, investigations, studies, concepts, results of spatial observation, and sectoral plans with foundational character, are considered fundamental.

2. The specialized office coordinates the collaboration in the procurement, alignment, and exchange of foundational data.

1. The competent authority establishes the requirements for the digital creation and management of resources and planning tools. It ensures that the quality of the data is maintained.

2. Data sovereignty rests with the planning authority. It is responsible for the accuracy of the data.

3. The current spatial planning data for the resources and planning tools of the canton, regions, and municipalities are stored at the competent authority.

4. The competent authority promotes the use of electronic data processing in the procedures.

1. The specialized office drafts the cantonal master plan. It collaborates with the relevant departments, offices, regions, and municipalities, as well as other interested parties.

2. The specialized office makes the draft of the cantonal master plan publicly available on the Internet and at the canton for 30 days and announces the publication in the official cantonal gazette. For significant master plan proposals, the publication period is appropriately extended.

3. During the public consultation period, anyone may submit suggestions and objections. These will be reviewed. The results will be communicated to contributors and the public in an appropriate manner.

4. In the case of updates, the public participation procedure can be waived in favor of a hearing procedure.

5. If a change in the master plan is necessary for planning or a construction project, the required public notices should be coordinated as far as possible.

1. The department represents the government in dealings with the competent federal authorities in the approval procedure and in the reconciliation procedure.

2. The specialized office is responsible for the ongoing management and updating of the cantonal structure plan. It collaborates with other offices in its implementation, ensures an appropriate organization, periodically informs about spatial development, and maintains the supporting data.

3. The cantonal structure plan can be reviewed at the specialized office.

1. The specialist office prepares drafts of cantonal zoning plans under this law at the behest of the department and after consulting the affected municipalities and regions.

2. The specialist office presents the drafts for cantonal zoning plans, along with any potential Environmental Impact Report (EIR) and any applications for additional permits, to the public for a period of 30 days in the affected municipalities and at the cantonal level, and announces the public display in the official publication media of the municipalities and in the cantonal official gazette.

3. During the public display period, anyone may submit suggestions and objections. These will be reviewed. The results will be conveyed to the participants in an appropriate manner.

4. Objections to applications for additional permits must be submitted to the specialist office during the display period.

5. After the conclusion of the display process, the government decides on the issuance of the plans. The provisions on the approval of the municipal basic order apply correspondingly for the coordination with any additional permits.

1. The specialized agency supports the regions in fulfilling their regional planning tasks. It may conclude framework agreements with them, particularly regarding multi-year programs, periodic reporting, the implementation of the cantonal structure plan, and collaboration.

**1. The body responsible for drafting within the region submits drafts for regional structure plans to the specialist office for preliminary review. This office concludes the preliminary review process within six months.**

**2. The regional authority makes drafts for regional structure plans publicly available on the Internet and within the region for 30 days, and announces this public disclosure in the official publication organ it designates and in the cantonal gazette. For significant structure plan proposals, it appropriately extends the disclosure period. Otherwise, the provisions regarding public participation in cantonal structure planning apply mutatis mutandis to the participation process.**

**3. After the conclusion of the participation process, the regional authority decides on the adoption or amendments of the structure plan.**

**4. Regional structure plans can be inspected at the regional authority or at the specialist office.**

1. The municipalities submit drafts for plans and regulations requiring approval, together with the planning report, any necessary Environmental Impact Assessment (EIA), and documents for any applications for additional permits that are prerequisites for the approval of land use planning, to the specialist office for preliminary examination.

2. If additional permits are required for the approval of a proposal, the specialist office states in the preliminary examination report, based on the opinions of the relevant specialist authorities, whether these can be anticipated.

3. The specialist office concludes the preliminary examination process for partial revisions that do not require internal administrative consultation within two months, and for other partial revisions as well as for comprehensive revisions, within six months.

1. Upon completion of the preliminary examination procedure, the municipal council shall make the draft of the new provisions and plans, together with the planning report, any possible Environmental Impact Assessment (UVB), and any applications for additional permits, publicly available in the municipality for 30 days and announce this availability in the official publication organ of the municipality and in the cantonal gazette.

2. During the public display period, any person may submit proposals and objections to the municipal council. The council shall review the submissions and respond to the participants. The result of the participation process is summarized for the decision-making body.

3. If a draft is amended after the participation display and no second display occurs, the municipal council shall announce the changes in the publication of the resolution on the enactment or amendment of the basic regulations and shall also notify directly affected parties in writing.

1. The municipal board submits the newly enacted regulations and plans, approved by the responsible municipal body, along with the application for approval and all documents and requests for additional permits, to the specialist authority.

2. The specialist authority obtains the necessary statements or decisions on additional permits and objections from the affected agencies or responsible specialist authorities, setting a deadline for completion. It coordinates on-site inspections.

1. The specialized agency prepares the approval decision once all documents are available.

2. Additional permits issued by specialized authorities are typically announced simultaneously with the approval decision. This simultaneous announcement can be waived with the consent of the parties involved.

3. The approval authority issues a comprehensive decision when

1. the specialized agency and the involved specialized authorities have reached an agreement in the specific case;

2. the department and the specialized authorities have generally agreed on certain additional permits;

3. there are statements from environmental organizations with the right to appeal, or planning objections, or appeals against requests for additional permits; or

4. there are disagreements between specialized authorities and the approval authority regarding the issuance of additional permits.

1. The municipal council announces the intention to initiate a neighborhood planning process, indicating the purpose of the planning and the implementation of any land reallocation or boundary adjustment, in the official publication organ of the municipality. Simultaneously, it places the plan with the proposed delineation of the planning area on public display in the municipality for 30 days. Affected parties must be notified in writing prior to the display.

2. During the public display period, objections can be filed with the municipal council against the intended initiation of the procedure and the delineation of the planning area. The same requirements for the right to object apply as for planning complaints to the government. Objections against the procedure itself and the planning area can no longer be raised in further proceedings.

3. The public display must be repeated if the proposed planning area is changed as a result of objections. If the changes only concern individual parties involved, they must be given the opportunity to object within a period of 30 days instead of another public display.

4. After completing the display procedure, the municipal council issues the initiation resolution, communicates it to the parties involved and any objectors, and informs the relevant authority.

1. Upon the entry into force of the initiation order, the municipal board commissions experts to develop the district plan. The parties involved are given the opportunity to participate.

2. The municipal board determines the requirements for the design of the individual components of the district plan and ensures that public interests are taken into consideration during the planning. It submits drafts of district plans to the land registry office for formal review before public disclosure.

1. The municipal council shall make the draft neighborhood plan publicly available in the municipality for 30 days. If the planning requires an Environmental Impact Assessment (EIA), the Environmental Impact Report (EIR) shall be made available simultaneously.

2. The public announcement of the neighborhood plan availability shall be made in the official publication organ of the municipality. In proceedings with an EIA, the public announcement must also be published in the cantonal gazette. Affected parties will be notified in writing prior to the public announcement of the neighborhood plan.

3. During the public availability period, objections can be submitted in writing and with justification to the municipal council. The same requirements for standing to file an objection apply as for filing a planning complaint to the government.

4. The public availability must be repeated if the neighborhood plan is amended due to objections. If the amendments only concern individual parties, these parties shall be given the opportunity to file objections within a 30-day period instead of another public availability.

1. Upon completion of the public notice procedure, the municipal executive or, if specified by municipal law, the municipal council shall enact the neighborhood plan. Simultaneously, the authority responsible for its enactment shall decide on any objections raised.

2. The enactment must be communicated in writing to the parties involved and any objectors, and must be brought to the attention of the relevant specialist department. For neighborhood plans with an Environmental Impact Assessment (EIA), the decision must also be published in the cantonal gazette.

3. Neighborhood plans enter into legal force upon the expiry of the appeal period without a challenge or upon the final conclusion of any appellate proceedings. Once they become legally effective, the municipal executive shall register the neighborhood plan in the land register.

1. Upon the completion of the neighborhood planning, the municipal board shall determine the shares of the planning costs to be borne by the parties involved in the neighborhood plan, based on the actual expenses and the binding distribution key according to the neighborhood plan, in a cost distribution schedule.

2. The shares of the costs for the development and equipment to be borne by the neighborhood plan participants shall be determined by the municipal board in the same manner after the completion of all or individual development works, either in a single cost distribution schedule or staggered across multiple schedules.

3. The draft of the cost distribution schedule must be sent to the neighborhood plan participants, with an indication of the possibility to inspect the accounting records.

4. An objection to the draft of the cost distribution schedule can be lodged in writing with the municipal board within 30 days from the notification, providing reasons. If the cost distribution schedule is amended as a result of objections, the parties must be given the opportunity to make another objection within 30 days.

5. After the completion of the objection procedure, the municipal board shall decide on the cost distribution schedule and announce the decision to the participants. Simultaneously, the cost shares will be invoiced.

6. The provisions applicable to the contribution procedure shall apply to the maturity, collection, and deferment of cost shares.

1. If the circumstances have changed significantly since the decree, district plans shall be reviewed and, if necessary, adjusted ex officio or upon request by district plan participants. An adjustment must be made particularly if an unexecuted district plan no longer complies with the amended provisions of the basic order.

2. For the cancellation or amendment of district plans, the provisions concerning the district planning procedure shall apply correspondingly.

1. The contribution procedure shall generally be initiated before the commencement of construction work. In justified cases, a later initiation is permissible.

2. The municipal board announces the intention to initiate a contribution procedure in the official publication organ of the municipality, indicating the liable construction work and the intended cost share of the public and private interests. At the same time, it makes the plan with the proposed boundaries of the contribution area (contribution perimeter) publicly available in the municipality for 30 days.

3. Affected parties shall be notified in writing prior to the public display.

1. During the public inspection period, objections may be filed with the municipal council against the intended initiation of the procedure, the proposed contribution perimeter, as well as against the share of the public and private interests.

2. The public inspection must be repeated if the proposed contribution perimeter is changed due to objections. If the changes only affect individual parties, they should be given the opportunity to object within a period of 30 days instead of a renewed public inspection.

3. After the conclusion of the inspection procedure, the municipal council issues the initiation decision and notifies the parties involved and any objectors. Objections against the contribution procedure itself, the contribution perimeter, and the share of the public and private interests can no longer be raised in the further procedure.

1. Upon the legal effect of the initiation resolution and the acceptance of the work, the municipal board prepares the cost distribution plan.

2. The cost distribution plan includes at least a compilation of the total costs of the work, indicating any possible subsidies, a potential plan with contribution zones, as well as the allocation of costs among those liable to contribute, along with explanations.

1. The municipal council submits the draft of the cost distribution plan to the liable parties, indicating the possibility of reviewing the underlying documents.

2. The liable parties may file a written and justified objection against the draft cost distribution plan with the municipal council within 30 days. If the cost distribution plan is amended based on objections, the parties involved must be given the opportunity to object again within 30 days.

3. After the conclusion of the publication process, the municipal council decides on the cost distribution plan and communicates the decision to the liable parties. Simultaneously, the contributions are invoiced.

1. The contributions become due for payment upon the final and binding effect of the cost distributor. Advance payments become due for payment upon receipt of the invoice.

2. Due contributions and advance payments must be paid within 60 days from the receipt of the invoice. In the case of late payment, default interest at the rate of the applicable cantonal default interest will be charged.

3. In cases of hardship, the municipal council may defer the payment of due contributions in whole or in part, with or without interest, for a maximum of ten years. Deferral is only granted if the deferred contribution is acknowledged and secured by a voluntary entry of the statutory lien.

4. The application for deferral of contributions must be submitted to the municipality within 30 days of receipt of the invoice.

1. If due to structural measures or the nature of the use of the work within ten years after the legal force of the cost distribution, the special benefits or the ratio between public and private interests change significantly, a new contribution procedure may be initiated upon request by liable contributors or ex officio.

2. The contributions made based on the previous decision are to be credited without interest and not adjusted for inflation.

3. The contributions are to be subsequently paid or refunded according to the new cost distribution.

1. The following procedural provisions apply to land consolidation and boundary adjustment processes conducted either as independent procedures or in conjunction with a land use plan procedure pursuant to spatial planning legislation.

2. If land consolidation or boundary adjustment is associated with a land use planning process that additionally requires publication in the cantonal official gazette, such publication requirements shall also apply to the various stages of the land consolidation or boundary adjustment.

3. The authority responsible for the implementation of the procedure shall engage experts for the preparation of the land consolidation and boundary adjustment. It shall provide the parties involved with the opportunity to participate at each stage of the procedure.

4. The following provisions concerning the initiation of land consolidation, the recording of the existing status, and the reallocation shall apply mutatis mutandis to boundary adjustments.

1. The competent authority announces the intention to initiate a land reallocation or boundary adjustment, indicating the purpose of the measure, the delineation of the reference area, as well as the manner of execution in the official publication organ of the municipality. At the same time, it makes the plan with the proposed delineation of the reference area publicly available in the municipality for 30 days.

2. Affected parties are to be notified in writing before the publication.

**1. During the public display period, objections can be raised with the competent authority against the intended initiation of the procedure and the proposed area of consultation. The requirements for the right of objection are the same as those for an appeal to the government regarding planning.**

**2. The public display is to be repeated if the proposed area of consultation is changed due to objections. If the changes only concern individual parties, they are to be given the opportunity to file an objection within a period of 30 days instead of a renewed public display.**

**3. After the conclusion of the display procedure, the competent authority issues the initiation decision and communicates it to the parties involved and any objectors. Objections against the procedure itself and the area of consultation can no longer be raised in the further proceedings.**

1. Upon the finality of the initiation order, the competent authority shall prepare the inventory plan and the inventory list with the cooperation of the land registry office.

2. The competent authority shall make the drafts of the inventory plan and the inventory list available to the public in the municipality for 30 days and announce the publication in the official publication organ of the municipality. Affected parties shall be notified in writing prior to the publication.

3. During the public display period, affected parties may submit a written and substantiated objection to the competent authority.

4. The public display must be repeated if the inventory plan or the inventory list is amended due to objections. If the amendments pertain solely to individual parties, they shall be given an opportunity to object within a period of 30 days instead of another public display.

5. The display of the old inventory can be combined with the display of the reallocation.

1. After the legally binding determination of the existing conditions, the competent authority shall prepare the plans and registers required for the land reallocation. These shall particularly contain information on

1. the land deductions;

2. the allocation of the new parcels;

3. the adjustment of limited real rights, reservations, and annotations;

4. the financial compensation for any disparities in value that cannot be balanced by land;

5. the distribution of the costs of land reallocation (distribution key).

2. Following the examination of the plans and registers by the land registry office and any necessary adjustments, the competent authority shall publicly display the drafts for 30 days in the municipality and announce the display in the official publication organ of the municipality. Affected parties shall be notified in writing before the display.

1. During the public notice period, objections can be submitted in writing and with justification to the competent authority. The requirements for standing to object are the same as those for lodging a planning appeal to the government.

2. The public notice period must be repeated if the redistribution is amended due to objections. If the amendments concern only individual parties, they should be given the opportunity to object within a period of 30 days instead of repeating the public notice.

3. After the completion of the notice procedure, the competent authority shall ensure the preparation of the mutation documents. Based on this, it decides on the land reallocation and communicates the decision to all involved parties and any objectors.

1. Individual stages of the procedure may be consolidated.

1. Land Readjustments and Boundary Adjustments become legally binding with the unused expiration of the appeal period or the final conclusion of appellate proceedings.

2. Upon finalization of the legal binding status, the competent authority registers the land readjustment or boundary adjustment with the relevant land registry office for execution in the land register.

3. The newly allocated properties may be disposed of only after the acquisition of ownership. The competent authority may, upon request, authorize the parties involved to take possession of some or all of the properties early or to exercise other rights.

1. Upon completion of the land consolidation or boundary adjustment, the competent authority shall determine the shares of the costs of the land consolidation or boundary adjustment to be borne by the parties involved, based on the actual expenses and the binding distribution key according to the reallocation, in a cost allocation plan.

2. The draft of the cost allocation plan shall be delivered to the parties involved with a notice of the possibility to inspect the accounting documents.

3. The parties involved may file a written and reasoned objection to the draft of the cost allocation plan with the competent authority within 30 days from the notification. If the cost allocation plan is amended as a result of objections, the parties involved shall be given the opportunity to file another objection within 30 days.

4. After the conclusion of the objection procedure, the competent authority shall decide on the cost allocation plan and notify the parties of the decision. Simultaneously, the cost shares will be invoiced.

5. The provisions concerning the contribution procedure shall apply to the due date, collection, and deferral of cost shares.

1. Determination of Buildings Characterizing the Locality's Appearance as per Federal Legislation on Secondary Residences is Fundamentally Conducted in the Procedure for the Municipal Basic Regulation Based on a Comprehensive Concept of the Locality's Appearance.

**1. Exceptionally, the building permit authority may designate a structure as a landmark if:**

a) the structure is subject to a building permit procedure for its conversion or repurposing for residential purposes;

b) there is an existing preservation regulation in the municipal basic ordinance decided before January 1, 2016, based on an overall concept regarding the townscape; and

c) the Graubünden Monument Preservation Department has been consulted.

**2. The designation as a landmark is to be included in the building permit.**

1. Buildings are considered protected within the meaning of the federal legislation on second homes if they are designated as protected in the municipal basic regulations or pursuant to the nature and heritage protection legislation.

1. Projects for the conversion or repurposing of buildings that are characteristic of the townscape or protected are subject to design consultation.

2. The construction intentions must be disclosed to the building permit authority before the project plans are drafted. Together with the client and the design consultation, and in consideration of the preservation goals and the building inventory, the authority establishes protection and preservation orders.

3. Prior to issuing the building permit, the building permit authority submits the project plans to the Graubünden Heritage Conservation for a final opinion.

1. If the municipality exercises the right of purchase, it issues an appropriate order to the property owner, specifying the claimed rights and the offered purchase price. The affected parties must be heard in advance.

2. If the parties cannot agree on the amount of the purchase price, either party may request the competent expropriation commission to conduct the appraisal procedure.

1. If the deadline for limited rezoning, rezoning, or upzoning pursuant to Article 19h of the Act expires unused, this shall be recorded by the municipal council in a declaratory decision addressed to the affected parties.

2. The municipal council shall communicate the legally binding declaratory decision to the specialist department.

1. The increase in value resulting from a rezoning is to be reduced by the amount used within five years from the finalization of the planning measure for the acquisition of an agricultural substitute building for personal farming.

2. Property owners who are required to pay a value-added levy according to the law are exempt from the obligation to pay under the forestry legislation.

1. Municipalities are free in the assessment and design of value capture for additional taxable events according to Article 19j paragraph 2 of the law, and may agree with the affected parties to provide services other than or in addition to monetary payments.

2. They may issue supplementary provisions in the building law.

1. If the national consumer price index has changed by more than ten percentage points since the finalization of the assessment decision, the assessed value-added tax shall also increase or decrease by ten percentage points.

**1. The municipal council informs the property owners potentially affected by a value-added levy individually about the anticipated tax obligation and, if possible, about the expected tax amount, upon the commencement of the participatory allocation for the chargeable planning.**

**2. Following the finalization of the planning and after hearing the taxpayers, the municipal council issues the assessment orders. In the case of properties encumbered with building rights, the assessment orders must be issued to both the leaseholders and the property owners.**

**3. The municipal council notifies the competent authority of the assessment orders for value-added levies as a result of zoning changes.**

1. The land registry office reports the transfer of ownership of properties with noted obligation of value-added levy to the municipal authority and the specialist office.

2. The municipal authority notifies the specialist office about building permits for properties with noted obligation of value-added levy.

1. The municipal council issues an invoice for the due value-added levy based on the reason for the development in connection with the building permit and for the reason of disposal, with a separate notice within 30 days from the disposal. The municipal council informs the designated office when it issues levies.

2. The payment term is 60 days from the date of invoicing or the legal force of an invoice decision. Interest on arrears at the applicable cantonal default interest rate is payable on late payments.

3. In cases of hardship, the municipal council may defer payment of the levy for a maximum of five years, with or without interest, either in full or in part. Deferment is only granted if the deferred amount is acknowledged. The application for deferment must be submitted to the municipality within 30 days of receipt of the invoice.

4. The municipal council transfers the canton’s share of the levy revenue within 30 days of invoicing by the designated office. This applies even if it has deferred the levy.

1. The cantonal special financing is managed by the specialist office, while the municipal special financing is managed by the municipal council.

2. Municipal law may further regulate the municipal special financing, in particular its purposes of use as well as the spending authorities.

1. Municipalities shall adapt their building laws to the Intercantonal Agreement on the Harmonization of Construction Terms of September 22, 2005 (IVHB). For the adaptation, the deadlines in Article 107, paragraph 1 of the Act shall apply mutatis mutandis. Until the adaptation, the terms and measurement methods shall be governed by the applicable municipal building laws.

2. If cantonal spatial planning law uses terms and instruments that are the subject of the IVHB, the definitions contained directly in the appendices to the IVHB and in the related explanations shall apply.

1. Municipalities may provide for the instrument of the utilization ratio (UR) to regulate usage density, in addition to or instead of the usage figures described in the IVHB.

2. The definition for the UR is as per Article 37a. Should the municipalities have differing definitions, they must adjust them to align with the definition in Article 37a within the deadline specified in Article 36 paragraph 1. Until such adjustment is made, the definition in the prevailing municipal building laws shall apply.

3. The building authority shall maintain oversight over the utilization of land plots.

1. The Floor Area Ratio (FAR) is the ratio of the creditable floor area (cFA) to the creditable property area (cPA). It is calculated as: FAR = cFA / cPA.

2. The following areas are considered creditable floor area (cFA)

1. Main usable areas (MUA);

2. Secondary usable areas (SUA), traffic areas (TA), and construction areas (CA), insofar as they concern rooms or parts of rooms that extend more than 1.60 meters above the relevant or lower terrain.

3. The following are not counted

1. All areas under a clear height of 1.60 meters;

2. Functional areas (FA);

3. The following types of secondary usable areas (SUA): vehicle storage rooms, shelters, waste disposal rooms, garden sheds for gardening tools and similar, wood storage sheds, and small animal stalls.

4. The definition of areas is governed by the SIA 416 standard.

5. The creditable property area includes the property areas or parts thereof located within the corresponding construction zone, including the areas of house access roads. The areas of the basic, rough, and fine infrastructure are not counted.

1. If the conditions for permanent agricultural dwellings in the agricultural zone are met, an operational manager's residence with an office and a residence for the retiring generation (Old part I) are generally approved. If there is a proven need, an additional small apartment (Old part II) for the third generation living on the farm and rooms for apprentices and employees may be approved.

2. The following maximum dimensions apply

a) Operational manager's residence: 165 m² GFA

b) Old part I: 90 m² GFA

c) Old part II: 50 m² GFA

d) Office: 15 m² GFA

e) Apprentices and employees: 20 m² GFA each

3. In special cases, deviations from the maximum dimensions of the operational manager's residence and the old parts are permitted, provided that the total of the maximum dimensions is not exceeded. For existing residential buildings that were approved before this ordinance came into force, minor deviations from the total maximum dimensions are allowed if this is indispensable for contemporary residential use or necessary for the preservation of valuable building fabric.

4. Old parts can be temporarily used for non-agricultural residential purposes during periods when they are not needed.

1. Provided that the conditions for agricultural temporary living space in agricultural zones are met, buildings are approved up to the following maximum sizes

a) Mountain pasture hut: 50 sqm GFA

b) Seasonal hut: 15 sqm GFA

c) Alpine and shepherd huts: GFA as required

2. Stable chambers are approved up to a maximum size of 15 sqm, if the conditions are met. They must be removed if the conditions for the approval are no longer met.

1. The renewal of buildings and facilities used for the habitation of humans and animals encompasses, in particular, maintenance, repair, and modernization. In Hazard Zone 1, extensions of such buildings and facilities are prohibited, subject to the following paragraphs.

2. By way of exception, within the scope of a renewal, the extension of buildings and facilities used by agricultural or commercial seasonal operations is permitted within the existing building volume, provided that

a) the extension is necessary to meet current hygiene requirements, particularly regarding kitchens, storage, and sanitary facilities; and

b) there is no intensification of use.

3. By way of exception, within the scope of a renewal, the extension of buildings and facilities used by agricultural or commercial seasonal operations is permitted outside the existing building volume, provided that

a) the extension is necessary to meet current hygiene requirements, particularly regarding kitchens, storage, and sanitary facilities;

b) there is no intensification of use;

c) there are no alternatives available to an extension outside the existing building volume;

d) overall, an improvement in the protection situation occurs;

e) the use is limited each time to a defined season outside the danger period; and

f) the municipality ensures the limited use according to letter e through measures within a concept.

4. The building application must demonstrate that the conditions according to paragraph 2 or paragraph 3 are met.

1. Provided that the provisions of substantive law are observed, the following construction projects do not require a building permit

1. Repair and maintenance work on structures and facilities that can be used as intended, provided they only serve to maintain value and the structure and facility do not undergo any alteration or change of use;

2. Minor changes inside buildings and facilities, except for changes in usable area or the number of rooms, except outside zoning areas;

3. Changes of use without significant impact on the usage regulations, except outside zoning areas;

4. Re-roofing with the same or similar roofing material;

5. Buildings with a volume of up to 5 m³ (small constructions) and bicycle shelters with a floor area of up to 4.0 m²;

6. Structures and facilities not erected for more than six months per year, such as

a) Catering and sales venues;

b) Service stations for sports and leisure equipment;

c) Stalls, huts, booths, tents for festivals, demonstrations, exhibitions, and other occasions;

d) Playgrounds for children;

e) Small ski lifts, ski conveyors, natural ice rinks;

f) Facilities for racetracks and trendy sports;

g) Road advertisements;

h) Unlit advertisements on tourist facilities with an area up to 5 m²;

7. Igloos, teepee tents, and the like for overnight stays in ski areas during the winter season or on farms from May to October, provided no permanent sanitary facilities are installed;

8. Garden design facilities such as footpaths, garden squares, blinds, stairs, fireplaces, biotopes, plant troughs, art objects, flagpoles, except outside zoning areas;

9. Advertising facilities such as company signs, display cases, illuminated advertisements, and information boards with an area up to 1.5 m²;

10. Satellite reception systems for radio and television with an area up to 1.5 m²;

11. Signs and boards such as traffic signals, street signs, hiking trail markers, surveying marks;

12. Unlit signs such as crosses up to 3.0 m in height, art objects;

13. Technical equipment like street lighting systems, switch boxes, hydrants, measuring devices, posts, poles, benches;

14. Safety devices such as

a) Snow retention nets along traffic routes;

b) Safety fences, nets, barriers, padding, and similar for sports and leisure facilities;

c) Safety railings;

15. Access facilities, as far as they have been profiled and defined within the framework of planning with the accuracy of a building application;

16. * Non-reflective solar systems on facades according to the state of the art with an absorber area of up to a maximum of 6.0 m² per facade within zoning areas and up to a maximum of 2.0 m² outside zoning areas;

17. * Terrain alterations up to 1.0 m in height or depth and a changed cubature of 100 m³;

18. Enclosures up to 1.0 m in height and retaining and support walls up to 1.0 m in height, except outside zoning areas;

19. Movable pasture fences during grazing time;

20. Foundation-free shelters and similar up to 25 m² ground area for livestock, foundation-free plastic tunnels, and milking stands, as well as similar facilities for agriculture and horticulture such as small devices for the sale of products;

21. Material depots that are set up only once a year for a maximum of four months;

22. * Construction site installations, provided they do not cause significant emissions, except for worker accommodations and mobile concrete plants.

2. The exemption from the building permit requirement does not apply to construction projects planned in hazard zones that serve the residence of humans and animals, as well as generally for construction projects that could endanger bodies of water, water protection zones, and moor biotopes.

3. The exemption from the building permit requirement does not exempt from compliance with substantive law provisions and obtaining other approvals. If there are indications that a construction project without a permit might violate substantive law provisions, the municipal building authority initiates the building permit procedure ex officio, at the request of the specialist department, or on the advice of third parties.

4. Structures and facilities pursuant to paragraph 1 numbers 6, 7, 19, 21, and 22 are to be removed after the permissible duration, and those pursuant to number 14 after use. The claimed land must be restored to its original condition. The removed construction or facility parts must be disposed of or stored in a permissible location.

**1. Construction projects exempt from the building permit requirement according to Article 40, Paragraph 1, must be reported in writing to the municipal building authority prior to execution. Excluded from this requirement are fences according to Article 40, Paragraph 1, Number 19.**

**2. The building authority shall inform the building owner of any potential building permit requirement by means of a contestable decision within 15 working days from the notification, and at the same time, it shall advise whether the notified project is subject to the ordinary or the simplified building permit procedure and whether additional permit applications are required.**

**3. If no communication is received within 15 working days, the building owner may commence with the execution.**

1. Solar installations on rooftops are subject to notification requirements according to Article 40a.

2. The municipal building authority determines, based on federal law, whether the solar installation on the roof is sufficiently adapted and therefore exempt from approval.

3. Municipalities can specify in the basic ordinance that in aesthetically less sensitive zones such as commercial and industrial zones, even insufficiently adapted solar installations are exempt from approval.

4. Furthermore, municipalities can stipulate in their building code that solar installations on buildings subject to specific protection or preservation regulations according to the basic ordinance are in any case subject to building approval requirements.

5. Substantively, the admissibility of solar installations on rooftops is determined by federal law as well as by municipal design regulations, provided that the latter do not excessively restrict the use of solar energy.

1. The municipal building authority may be requested for a preliminary assessment of the essential aspects of the construction project before submitting a building application.

2. For construction projects outside designated building zones, the competent authority can be requested, through the municipality, for a preliminary assessment.

3. The preliminary assessment neither grants the applicants a right to the issuance of the building permit nor binds the decision-making authority in the evaluation of the formal building application and any potential objections.

1. Building applications and applications for construction projects outside of building zones (BAB application) must be submitted to the municipality along with the necessary documents and evidence required for assessment on the official form, in the number of copies specified by the municipality.

2. The municipalities determine, in compliance with superior laws, which documents and evidence must be attached to the building application. For larger construction projects, and particularly for projects located in areas of special significance for the local or landscape image, a model or a comparable visualization may be required.

3. Building applications for projects in hazard zones and yellow hazard areas must include a preliminary decision by the building insurance of the Canton of Graubünden. The yellow hazard area is considered a reference area.

4. In cases of modifications to existing buildings and facilities as well as approved plans, the condition of the relevant building parts before and after modification must be apparent from the plans (existing: gray/black; new: red; demolition: yellow).

1. For construction projects that are externally visible, a building outline must be erected simultaneously with the submission of the building application. This must clearly indicate the location, height, and shape of the construction. Fill and slopes of more than 0.8 meters in height must also be profiled.

2. The elevation of the ground floor must be marked on the profiles. Boundary stones must be uncovered.

3. The building outline may only be removed before the legally binding completion of the building application with the approval of the municipal building authority. In any case, it must remain in place during the period of public display. Once the building decision becomes legally binding, the building outline must be removed promptly.

1. The municipal building authority promptly reviews incoming building applications and BAB applications for completeness and subjects them to a preliminary substantive examination. At the same time, it is checked whether the construction profile is correctly set.

2. In the case of incomplete applications or applications with obvious substantive defects, the municipal building authority or the relevant department sets the applicant a reasonable deadline for completion or improvement of the building application within 20 days of receipt.

3. If the application is not completed or improved within the set deadline, it is considered withdrawn.

**1. After completing the preliminary examination, the municipal building authority shall make the construction application or the motorway building application (BAB application) publicly available in the municipality for a period of 20 days. If the construction project requires an Environmental Impact Assessment (EIA), the Environmental Impact Statement (EIS) will be made available at the same time.**

**1bis. The disclosure may be made in electronic form.**

**2. The publication of the construction application shall be announced in the official publication organ of the municipality. In the case of BAB applications, applications with EIA, and applications with additional permits that must be published in the cantonal gazette, the public disclosure must also be announced in the cantonal gazette simultaneously.**

**3. The publication must include information about the project owner, the location of the construction project, the affected use zones and federal inventories according to nature and heritage protection legislation, the duration of the disclosure, the place of disclosure, and the possibility to file objections.**

**4. Objections must be submitted to the municipality during the disclosure period. Applicants should be given the opportunity to respond to objections in writing within 20 days.**

1. After completing the publication procedure and obtaining necessary opinions from other affected authorities, the municipal building authority decides on the building application and any objections and issues the building decision.

2. Building decisions must be communicated simultaneously to the building applicants and any objectors. They must include reasons if objections or building applications are rejected.

3. Building decisions must be communicated within one and a half months after the public publication expires. For construction projects with objections, the decision period is a maximum of three months, and for projects requiring an Environmental Impact Assessment (EIA), a maximum of five months.

1. Upon completion of the publication procedure, the municipal building authority forwards BAB applications, provided it considers the conditions for approval to be met, immediately in at least three copies with all documents and a reasoned request to the specialized agency. At the same time, it transmits any objections to the specialized agency along with its comments.

2. BAB applications can be forwarded to the specialized agency even during the publication. In such cases, the responsible municipal building authority promptly informs the specialized agency about any objections.

1. Upon receipt of the application, the specialized office obtains the necessary statements from the affected entities, setting a deadline for completion.

2. If the specialized office disagrees with the statements or inconsistencies arise between the statements, the specialized office conducts a reconciliation discussion with the affected entities.

3. If reconciliation fails, the specialized office submits the conflict to the arbitration board, which instructs the specialized office on how to decide. The arbitration board is the department.

1. Upon receipt of all documents, the competent authority decides on the BAB application and any objections, and grants the BAB permit, provided that the legal requirements are met. Otherwise, it rejects the BAB application.

2. The competent authority decides on BAB applications within one month of receipt of the complete construction application documents. For construction projects that require internal administrative consultation or an additional permit, the processing period is a maximum of three months. For construction projects with objections, an Environmental Impact Assessment (EIA), or a particularly high need for coordination, the processing period is a maximum of five months.

3. BAB permits and any objection decisions are communicated to the applicants and objectors by the municipal building authority as soon as possible after receipt, but no later than within two weeks, together with the building permit.

4. The costs of the BAB procedure are invoiced in the BAB permit.

1. Orders of the BAB and any decisions on objection may be delivered to the parties with a brief justification. Each party may, within 30 days from the delivery, request a fully reasoned decision in writing from the competent authority. If no party requests a justification within this period, the decision becomes legally binding.

2. The parties must be informed of the possibility to request a justification and the legal consequences thereof.

3. If a party requests a justification, the decision will be provided with full written reasoning and delivered to the parties in complete form. The deadlines for legal remedies commence upon this delivery.

4. If there is a waiver of a fully reasoned decision, appropriately reduced procedural costs will be charged.

1. The simplified construction approval procedure applies to minor building projects for which no objections are expected, particularly in the following cases

1. minor project changes to already approved construction projects;

2. structural measures that do not have an external impact, are in conformity with zoning regulations, and do not lead to changes in traffic load or usage.

2. The simplified construction approval procedure also applies to construction projects that are exempt from the requirement for a construction permit pursuant to Article 40 but are subject to the simplified construction approval procedure under municipal building law.

1. Applications and application documents can be submitted in a simplified form. The building outline and public display along with publication are waived.

2. Applicants receive a decision from the municipal building authority within one month from the submission of the application. For construction projects that require a BAB (Building Approval Bulletin) approval in addition to the building permit, the decision of the municipal building authority and the BAB decision must be issued within one and a half months. The BAB decision must be made within two weeks from receipt of the application by the appropriate office.

3. Construction projects that only require a municipal building permit are considered approved if no contrary decision is issued within one month from the submission of the application.

4. Otherwise, the provisions regarding the regular building permit process apply.

1. For the approval of large photovoltaic installations pursuant to Article 71a of the Energy Act and Article 9c et seq. of the Energy Ordinance, the provisions regarding the regular BAB procedure apply, subject to the deviating provisions of this section.

2. Applications for such large photovoltaic installations are to be submitted in sixfold copies to the competent municipality. The specialist office determines which documents and evidence are to be attached to the construction application. The municipal building authority forwards the application to the specialist office in six copies as well.

3. A construction profile may be waived in whole or in part if a visualization of the installation is submitted with the application. The visualization documents form part of the public display. The publication text must specify which parts of the installation are only visualized.

1. Applications and any objections concerning large-scale photovoltaic installations are decided by the government with a comprehensive decision, which also includes any parts of the installation located within the construction zone. The comprehensive decision is communicated to the parties.

2. If a large-scale photovoltaic installation extends over the territory of multiple municipalities, the construction authority of the municipality where the majority of the installation is located is responsible for the tasks assigned under the building and construction process. In unclear situations, the affected municipalities shall jointly designate a competent construction authority. If there is disagreement, the competent authority will be determined by the specialized office.

3. For installations as outlined in paragraph 2, the substantiated application is submitted in agreement with the other affected municipalities when forwarding the application to the specialized office.

1. The consent of the property owners, consisting of a publicly notarized contract, as well as the resolution of approval by the host municipalities must be submitted with the building application.

1. The municipal building authority may, in its substantiated request when forwarding the application to the competent authority, demand that a condition for securing the costs of demolition and restoration be included in the permit.

2. If the municipal building authority submits such a request, the government shall include a corresponding condition in the decision.

1. Minor Project Modifications to Photovoltaic Large-Scale Facilities Already Approved Under This Section May Be Approved by the Designated Authority Through a Simplified Procedure if They

a) Have No Significant Impact on Space and Environment;

b) Do Not Require Adjustments to the Environmental Impact Assessment (EIA); and

c) Do Not Require Additional Approvals from Cantonal or Municipal Authorities.

2. The Requirement for Constructing Staking, Visualization, as well as Public Display and Publication, Is Waived.

3. The Designated Authority Grants Environmental Organizations and Parties Involved in the Approved Project's Procedure Access to the Files and the Opportunity to Provide Comments on the Project Modification Within 20 Days.

1. The department, in agreement with the affected departments, maintains a list of the additional permits that require coordination.

2. In the list of additional permits requiring coordination, those additional permits are designated for which applications are generally to be clarified and reconciled with the relevant specialist authorities prior to submission.

1. **Applications for Coordination-Required Additional Permits**

Applications for coordination-required additional permits must be submitted to the municipality along with the building application, any possible highway construction application (BAB application), and all documents necessary for the assessment. If application forms exist, they must be used.

2. **Review by the Municipal Building Authority**

The municipal building authority shall promptly review incoming applications for additional permits for completeness. In particular, it ensures whether applications for all required additional permits are submitted with the necessary forms and documents, and whether the necessary preliminaries have been carried out.

3. **Direct Submission by Applicants**

If building applicants submit applications for additional permits directly to the authorities responsible for the additional permits, those authorities shall forward the application to the authority responsible for coordination, provided the application concerns a project requiring a building permit and no building permit has yet been issued.

1. Applications for additional permits requiring coordination must be publicly posted and advertised together with the construction application and, if applicable, the BAB application. In the publication, the applications for additional permits must be listed individually.

2. Objections to applications for additional permits must be submitted to the municipality during the posting period applicable to the construction application and the BAB application.

3. Otherwise, the regulations concerning the construction permit procedure apply.

1. In construction projects within the building zones, the municipal building authority, provided it considers the conditions for a building permit to be fulfilled, shall immediately submit applications for additional permits directly to the authorities responsible for the additional permit, with all necessary documents and any possible objections, after the completion of the publication procedure.

2. The authorities responsible for the additional permit shall transmit their decision, as well as any possible objection decisions, directly to the municipality. The municipal building authority shall issue decisions on additional permits simultaneously with the building decision, after verifying the content coordination.

3. A simultaneous issuance may be waived with the agreement of the parties, if all permits have at least been promised and are provided with a reservation in favor of the respective other permits.

4. If an additional permit is denied, the municipal building authority shall also reject the building application, unless it can be approved partially or with conditions.

1. For construction projects outside designated building zones, if the municipal building authority considers the conditions for granting a building permit to be met, it forwards applications for additional permits, along with the building permit application, all documents, and a reasoned proposal to the relevant specialized agency. At the same time, it transmits any objections along with its opinion to the specialized agency.

2. The specialized agency, if it considers the conditions for granting the building permit to be met, seeks a decision from the competent authority regarding the additional permit and objections, within a set deadline for resolution.

3. Additional permits under fire and civil protection legislation, as well as permits for facilities with water-hazardous substances under water protection legislation, are also directly obtained by the municipality from the responsible authorities, even for construction projects outside designated building zones.

1. If the cantonal authority responsible for issuing an additional permit considers that the conditions for granting an additional permit for a construction project outside the building zone are not met, it shall inform the relevant office of this in a preliminary statement.

2. If the relevant office considers that the conditions for granting the BAB permit are met, it shall conduct a reconciliation meeting with the relevant authority.

3. If the involved authorities agree on the issuance of the additional permit, it shall be communicated to the parties in accordance with the following articles. If they agree to refuse the additional permit, the relevant office shall reject the BAB application and communicate the decision along with the negative decision regarding the additional permit to the parties.

4. If no agreement is reached, the relevant office shall refer the conflict to the arbitration body. In conflicts with offices belonging to the same department as the relevant office, the department acts as the arbitration body, otherwise, the government does.

1. Once all additional approvals are obtained, the specialized office forwards these along with the building permit (BAB) approval to the municipal building authority, which issues the decisions to the applicants along with the construction decision.

2. The simultaneous issuance can be waived with the consent of the parties if all approvals are at least anticipated and are provided with a reservation in favor of each of the other approvals.

1. The competent authority shall issue a comprehensive decision if

1. it and the involved specialized authorities have agreed upon it in the specific case;

2. it and the specialized authorities have generally agreed upon this for a specific type of supplementary permits; or

3. there are statements from environmental organizations entitled to file complaints or objections.

2. The competent authority communicates the comprehensive decision to the municipal building authority, which then notifies the parties together with the construction decision.

1. The municipal building authority reviews the execution of construction projects for their compliance with the building permit, the BAB permit, and any additional permits, insofar as the controls do not fall under the jurisdiction of the authorities responsible for the additional permits. It inspects at least the grid layout and the height reference points. Connections to public supply and disposal facilities are checked before covering.

2. The project owner immediately reports the completion of the construction to the municipal building authority. This authority conducts the building acceptance inspection. For construction projects outside the building zones, the municipal building authority reports to the specialized office whether the completed construction project conforms to the BAB permit. In the event of discrepancies, it forwards the execution plans to the specialized office.

3. The municipal building authority can appoint private parties to conduct construction inspections.

4. If a construction project is commenced without a building permit or deviates from approved plans or conditions in the building permit, the municipal building authority, in urgent cases, one of its members, or the head of the building department or the municipal clerk, orders the cessation of construction work. At the same time, the deciding authority or official requests the project owner to submit a subsequent building application.

5. Orders for the cessation of construction are immediately enforceable.

1. If there are indications of formal or material breaches of building regulations, a subsequent building inspection will be conducted following prior notification.

2. If the building inspection provides evidence of a violation of construction regulations, the municipal building authority requires the affected parties to submit a subsequent building application.

3. If the competent authority identifies a violation of material building regulations during the examination of the subsequent building application or BAB application, it initiates a procedure to restore the lawful state and a penalty procedure.

1. Environmental organizations shall register their participation in the procedure in writing or electronically using the registration form provided by the competent authority.

2. The competent authority shall inform the organizations that the applications are available for inspection. The organizations have the opportunity to submit comments on the construction project or planning within 20 days from the notification.

3. The competent authority may postpone the participation of the organization to a period after any comments or additional permits from specialized authorities have been received.

1. This ordinance comes into force simultaneously with the revised Spatial Planning Act.

2. Upon the entry into force of this ordinance, the ordinance on the conversion of agricultural residential buildings and protected structures and facilities outside of building zones (Conversion Ordinance, UVO) of November 21, 2000, is repealed.