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801.110 KRVOOPTC CH-GR

Art. 40 Spatial Planning Ordinance for the Canton of Graubünden (KRVO) - Construction Projects Not Requiring a Building Permit

Formal Building Law - Construction Projects Not Requiring Building Permits
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Art. 40 KRVO - Construction Projects Not Requiring a Building Permit · Construction Projects Not Requiring a Building Permit

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.

← Art. 39a KRVO Spatial Planning Ordinance for the Canton of Graubünden (KRVO) - Competent Department, Specialized Office Art. 40a KRVO - Duty to Notify →

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Court Decisions Applying This Provision (40)

R 2024 9 · gr (Art. 40 Abs. 1 Ziff. 16 KRVO)
Appeal Against Municipality's Uniform Balcony Solar Installation Requirement
The court held that the relevant procedure was the simplified approval process based on this provision regarding permit-exempt solar installations.
R 2022 77 · gr (Art. 40 Abs. 1 Ziff. 3 KRVO)
Land Use Violation Outside Building Zone and Permit Requirements
Cited to confirm that a change of use outside the building zone requires a building permit even without significant effects on the use regulations.
R 2022 77 · gr (Art. 40 Abs. 3 Satz 1 KRVO)
Land Use Violation Outside Building Zone and Permit Requirements
Cited to state that exemption from the requirement for a building permit does not exempt from compliance with substantive law.
R 2022 77 · gr (Art. 40 Abs. 3 Satz 2 KRVO)
Land Use Violation Outside Building Zone and Permit Requirements
Cited to confirm the municipality's authority to initiate proceedings ex officio if there are indications of violations of substantive law.
R 2021 98 · gr (Art. 40 Abs. 3 KRVO)
Terrain Modification Approval Revocation Upheld Due to Zoning Conflicts
The court confirms that the lower authority correctly initiated the ordinary building permit procedure based on signs that substantive law might be violated, as cited in the dispositive implicitly through the confirmation of the lower authority's decision.
R 2020 32 · gr (art. 40 cpv. 1 OPTC)
Municipality Refusal of Retroactive Permit for Unzoned Dwelling Upheld
Cited regarding construction projects (repairs and maintenance) that do not require a building license, applied to the roof works.
R 2020 3 · gr (Art. 40 KRVO)
Municipality v. Property Owner: Unauthorized Patio Roof Setback Violation
Cited in the reasoning process to determine that the simplified procedure did not apply because the construction was not exempt from the permit requirement under this article.
R 2019 97 · gr (Art. 40 cpv. 1 cifra 1 OPTC)
Alterations to Annex Roof Requiring Formal Building Application Over Simplified Notification
Cited to state that repair works are among the projects exempt from the building license requirement.
R 2016 64 · gr (Art. 40 cpv. 1 cifra 1 OPTC)
Municipality Building Permit Denial Appeal Partially Upheld Regarding Roof Renovation
The roof renovation is considered a repair/maintenance work exempt from building license under this provision.
R 2015 46 · gr (Art. 40 Abs. 1 Ziff. 6 KRVO)
Property Owner v. Municipality Regarding Temporary Structure Permit Extension
The court considered this provision in the reasoning to establish that the initial building permit for the fondue hut was limited to a maximum of six months per year as a temporary structure (Fahrnisbaute).
R 2013 227 · gr (Art. 40 Abs. 1 Ziff. 17 KRVO)
Illegal Construction and Restoration Order in Landscape Protection Area
The court found that terrain changes outside the building zone are subject to a permit requirement under this provision, which justifies the initial action.
R 2013 227 · gr (Art. 40 Abs. 3 KRVO)
Illegal Construction and Restoration Order in Landscape Protection Area
This article was cited in relation to Art. 57 BG as a basis for requiring a permit procedure when landscape protection provisions might be violated.
R 2013 183 · gr (art. 40 cpv. 1 numero 22 OPTC)
Municipality Upheld in Denying Construction License Due to Building Freeze Despite Prior Approvals
Cited to determine that construction site installations do not require a building permit if they do not cause relevant nuisance.
R 2013 183 · gr (art. 40 cpv. 4 OPTC)
Municipality Upheld in Denying Construction License Due to Building Freeze Despite Prior Approvals
Cited regarding the requirement to eliminate temporary installations after the permitted duration expires.
R 2013 129 · gr (Art. 40 KRVO)
Municipality's Approval of Garage Conversion Annulled Due to Improper Procedure and Objectors' Right to Appeal
Cited in the reasoning regarding the catalog of projects exempt from building permit requirements, justifying the exclusion of the notification procedure.