801.110
KRVOOPTC
CH-GR
CH-GR
Art. 44 Spatial Planning Ordinance for the Canton of Graubünden (KRVO) - Preliminary Examination
**Formal Building Law - Building Permit Procedure - Ordinary Building Permit Procedure**
Art. 44 KRVO - Preliminary Examination · Preliminary Examination
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 If the application is not completed or improved within the set deadline, it is considered withdrawn.
Court Decisions Applying This Provision (10)
PVG 2023 11 · gr (Art. 44 KRVO)
Building Permit Coordination with Geothermal Heat Pump Water Protection Permit
Cited in the reasoning to determine that the municipality incorrectly handled the building permit concerning coordination requirements for supplementary permits.
R 2020 39 · gr (Art. 44 Abs. 1 KRVO)
Glazing Installation on Terraces Barred by Prior Building Permit Decision
Cited in the reasoning regarding the mandatory preliminary assessment of building applications mentioned by the appellants.
R 2019 8 · gr (art. 44 cpv. 2 OPTC)
Owners v. Municipality Regarding Forest Zone Building Permit Denial
Cited as the procedural rule violated by the Municipality regarding the requirement to allow the applicants time to complete an incomplete building application.
R 2018 57 · gr (art. 44 cpv. 1 OPTC)
Appeal Against Building Permit for Three Single-Family Homes Dismissed
Cited in the reasoning regarding the preliminary inspection of building applications by the municipal building authority, including checking the markers.
R 2019 40 · gr (art. 44 OPTC cpv. 3)
Appeal Dismissed Regarding Denial of Building Permit for Woodshed Conversion and Associated Fee
Provision stating that an application is considered withdrawn if not completed within the set deadline, which justifies the rejection of the request on formal grounds.
R 2017 40 · gr (Art. 44 KRVO)
Appeal Against Building Permit for Pumptrack in Public/Winter Sports Zone Upheld
Cited in the reasoning (Section 4.2) regarding the municipal authority's duty to check building applications for completeness, which informs the finding that the plans were incomplete.
R 2015 25 · gr (Art. 44 Abs. 2 KRVO)
Applicant v. Municipality Regarding FAR Calculation and Basement Fitness Room Exemption
Cited in the reasoning regarding the scope of the preliminary review procedure, which the appellant argued was insufficient for assessing potential use conversions.
R 2012 169 · gr (Art. 44 Abs. 2 KRVO)
Building Application Rejection Overturn and Remand
The court ruled that rejecting the permit due to lack of complete documents, after the applicant had submitted further documents within the deadline, violates this provision, which requires setting another reasonable deadline for completion or improvement.
R 2011 38 · gr (Art. 44 Abs. 2 KRVO)
Appeal Against Refusal to Rule on Retroactive Building Permit Application
This article was cited in the reasoning to explain the procedural options the authority had regarding incomplete applications, which justified the annulment of the non-entry decision.
R 2008 81 · gr (Art. 44 Abs. 2 KRVO)
Municipal Zoning Dispute Over Centralized Parking Access
Cited regarding the procedure to handle minor discrepancies in submitted plans instead of denying the permit.