701.1 GBRPLCAT

CH-JU

Art. 35 Law on Construction and Land Use Planning (LCAT)

7. Constructions, travaux publics, énergie, Transportation and Communications » 70. Construction and Land Development » 701. Construction

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Art. 35 Law on Construction and Land Use Planning (LCAT)

1 Within the limits of their jurisdiction, the construction police authorities shall take the necessary measures to implement the present law, as well as the regulations and decisions based on it.

2 It is particularly incumbent upon them to

a) monitor compliance with construction regulations and the conditions and obligations attached to the building permit during the execution of projects;

b) restore the lawful state when work is carried out illegally or when construction regulations or the conditions and obligations are subsequently violated;

c) eliminate disruptions to public order caused by unfinished, poorly maintained, or otherwise legally non-compliant constructions and installations.

3 The powers of the local police in accordance with the local police decree are reserved.

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Court Decisions Applying This Provision (9)

ADM 2023 71 · ju (Art. 35 al. 1 let. a LCAT)

Hedge Restoration and Construction Permit Validity

Cited as the basis for the responsibility of construction police authorities to ensure compliance with building regulations and conditions attached to permits.

ADM 2023 71 · ju (Art. 35 al. 2 let. b LCAT)

Hedge Restoration and Construction Permit Validity

Cited as the basis for the obligation of construction police authorities to restore the legal situation when works are executed unlawfully or when permit conditions are violated.

ADM 2021 60 · ju (Art. 35 al. 1 LCAT)

Farmer Denied Appeal Over Grazing Restrictions and Unpermitted Structures

Cited as the basis for construction police authorities to take necessary measures for applying construction law.

ADM 2016 62 · ju (art. 35 al. 1 LCAT)

Agricultural Shed Conversion Dispute

Cited as the basis for the authorities' power to take necessary measures for the application of the LCAT.

ADM 2016 62 · ju (art. 35 al. 2 let. b LCAT)

Agricultural Shed Conversion Dispute

Cited as the authority's duty to re-establish the legal state when unlawful construction work is executed or prescriptions are subsequently violated.

ADM 2016 16 · ju (Art. 35 al. 1 LCAT)

Demolition Order Upheld for Non-Compliant Balcony

Used to establish the competence of building police authorities to order necessary measures for the application of the LCAT and its related regulations.

ADM 2016 16 · ju (Art. 35 al. 2 let. b LCAT)

Demolition Order Upheld for Non-Compliant Balcony

Used to establish the obligation of building police authorities to restore the legal state when works are executed unlawfully or when construction regulations or conditions are violated.

ADM 2015 75 · ju (Art. 35 al. 2 let. b LCAT)

Neighbor's Hay Barn Permit Upheld Despite Minor Deviations

Cited as the legal basis for the duty of construction police authorities to restore the lawful state when rules or conditions of a building permit are violated.

ADM 2012 96 · ju (art. 35 al. 2 let. c LCAT)

Demolition of Dilapidated Farm Buildings Upheld

This provision mandates construction authorities to order the removal of public order disturbances caused by constructions that are unfinished, poorly maintained, or otherwise non-compliant with legal provisions, which was applied to justify the demolition order.