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801.110 KRVOOPTC CH-GR

Art. 41 Spatial Planning Ordinance for the Canton of Graubünden (KRVO) - Provisional Assessment

**Formal Building Law - Building Permit Procedure - Regular Building Permit Procedure**
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Art. 41 KRVO - Provisional Assessment · Provisional Assessment

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.

← Art. 40b KRVO - Solar Installations on Roofs Spatial Planning Ordinance for the Canton of Graubünden (KRVO) - Competent Department, Specialized Office Art. 42 KRVO - Building Application, →

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Court Decisions Applying This Provision (8)

PVG 2024 9 · gr (Art. 41 ff. KRVO)
Solar Tracker Boundary Distance Dispute
Cited in the operative part as part of the basis for requiring an ordinary building permit procedure for the free-standing solar tracker.
R 2024 7 · gr (Art. 41 ff. und Art. 50 ff. der KRVO)
Appeal Dismissed for Retroactive Building Permit for Basement Bathroom
Cited as provisions regulating the building permit procedures, relevant to the overall decision framework.
R 2024 31 · gr (Art. 41 ff. KRVO)
Municipal Denial of Retroactive Building Permit for Basement Habitation Upheld
Cited in the reasoning (E.4.1) in relation to building permit procedures.
PVG 2020 19 · gr (Art. 41 KRVO)
Administrative Practice Upheld, Specific Application Remanded for Proportionality Review
Cited in the summary as the subject matter of the preliminary decision being reviewed and subsequently annulled.
R 2019 4 · gr (Art. 41 Abs. 3 KRVO)
Foundation Appeal Regarding Building Setbacks and Light-Cone Profile Application
Cited in connection with the non-binding nature of the preliminary decision.
R 2019 4 · gr (Art. 41 KRVO)
Foundation Appeal Regarding Building Setbacks and Light-Cone Profile Application
Cited to classify the appealed decision as a preliminary assessment ('Vorentscheid').
R 2017 101 · gr (Art. 41 KRVO)
Property Owner v. Municipality Regarding Hotel Conversion Preliminary Ruling and Zoning Suspension
The court considered whether the municipality needed to rule on the request within the framework of a preliminary assessment under this article.
R 2011 49 · gr (Art. 41 ff. KRVO)
Owners v. Municipality Regarding Void Permits for Construction Outside Building Zone
Cited in the dispositive as the relevant regulations for conducting the BAB-Verfahren, which the municipality is obliged to re-execute.