Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
801.110 KRVOOPTC CH-GR

Art. 46 Spatial Planning Ordinance for the Canton of Graubünden (KRVO) - Construction Decision

Formal Building Law - Building Permit Procedure - Standard Building Permit Procedure
Open official source Full Act (85 Articles) Machine-readable Markdown (.md)

Art. 46 KRVO - Construction Decision · Construction Decision

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.

← Art. 45 KRVO - Public Display, Objection Spatial Planning Ordinance for the Canton of Graubünden (KRVO) - Competent Department, Specialized Office Art. 47 KRVO →

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →

Court Decisions Applying This Provision (5)

V 2022 3 · gr (Art. 46 Abs. 1 KRVO)
Citizen Initiative on 5G Rejected as Preempted by Federal and Cantonal Law
Cited in the reasoning to establish that the municipal building authority decides on the building application.
R 2019 4 · gr (Art. 46 KRVO)
Foundation Appeal Regarding Building Setbacks and Light-Cone Profile Application
Cited regarding the available legal remedy against the preliminary decision.
R 2013 52 · gr (Art. 46 Abs. 1 KRVO)
Consolidated Appeals Regarding Building Permit Exhaustion of Remedies
Cited in reasoning (E.2.cc) to define the nature of an objection in spatial planning as a formalized participation right, not a remedy, which supports the jurisdiction of the Baukommission.
R 2013 129 · gr (Art. 46 Abs. 2 KRVO e contrario)
Municipality's Approval of Garage Conversion Annulled Due to Improper Procedure and Objectors' Right to Appeal
Cited in the reasoning to support the conclusion that the decision was not communicated to the appellants because the publication requirement was wrongly omitted.
R 2013 138 · gr (Art. 46 Abs. 3 KRVO)
Applicants v. Municipality Regarding Car Shelter Construction Denial
The court considered but ultimately dismissed the applicants' complaint regarding the violation of the deadline for rendering a decision on the building application, deeming it procedural and not grounds for annulment.